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HomeMy WebLinkAbout20242674.tiffRESOLUTION RE: APPROVE AMENDMENT #4 TO INTERGOVERNMENTAL AGREEMENT FOR AGING AND DISABILITY RESOURCES FOR COLORADO (ADRC) TRANSITION -RELATED REFERRALS AND OPTIONS COUNSELING, AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with Amendment #4 to the Intergovernmental Agreement for Aging and Disability Resources for Colorado (ADRC) Transition -Related Referrals and Options Counseling between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and the Colorado Department of Health Care Policy and Financing, commencing upon full execution of signatures, and ending June 30, 2025, with further terms and conditions being as stated in said amendment, and WHEREAS, after review, the Board deems it advisable to approve said amendment, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Amendment #4 to the Intergovernmental Agreement for Aging and Disability Resources for Colorado (ADRC) Transition -Related Referrals and Options Counseling between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and the Colorado Department of Health Care Policy and Financing, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said amendment. cc:HSD of/n/25 2024-2674 HR0096 AMENDMENT #4 TO INTERGOVERNMENTAL AGREEMENT FOR AGING AND DISABILITY RESOURCES FOR COLORADO (ADRC) TRANSITION -RELATED REFERRALS AND OPTIONS COUNSELING PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of October, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY ATTEST: oj Weld County Clerk to the Board BY. • 4iakta r Z.Ic APP Deputy Clerk to the Board County rney to Date of signature: 1517.14. s Ch b:JJA/al Perry L. fuck, Pro-Tem ike Freeman ri Saine 2024-2674 HR0096 C m -A -Kt ct I -lo BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Health Care Policy and Financing (HCPF) Aging and Disability Resources for Colorado (ADRC) Contract Amendment #4 DEPARTMENT: Human Services DATE: October 1, 2024 PERSON REQUESTING: Jamie Ulrich, Director, Human Services Brief description of the problem/issue: The Department entered into an Intergovernmental Agreement (IGA) with the Colorado Department of Health Care Policy and Finance (HCPF), identified as Tyler ID 2019-2177. The purpose of this agreement is to expand the capacity of Aging and Disability Resources for Colorado (ADRC) to enable an ADRC Site to respond to Minimum Data Set (MDS) 3.0 Section Q Referrals, and to provide Options Counseling. Options Counseling will be provided to individuals in nursing homes, Intermediate Care Facilities or Regional Centers who have formally indicated, through the process, a desire to leave the facility and relocate to a community setting. HCPF is now amending this IGA for a fourth time to make the following changes: Update the contract maximum to increase the State Fiscal Funding for FY25 from $16,510.23 to $21,110.23. • Amend Exhibit B-2, Statement of Work. • Amend Exhibit C-2, Rates • Add Exhibit G, Medicaid Nursing Facility List What options exist for the Board? • Approval of the HCPF ADRC Contract Amendment #4 . • Deny approval of the HCPF ADRC Contract Amendment #4. Consequences: Weld County Department of Human Services will not have a current agreement in place with HCPF. Impacts: The Weld County Department of Human Services will not be able to provide Options Counseling to County clients. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): Funding through the Colorado Department of Health Care Policy and Finance. Pass -Around Memorandum; October 1, 2024 — CMS ID 8746 2024-2674 10/c)( -H12009 (Q Recommendation: • Approval of Amendment #4 and authorize the Chair to sign electronically. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro -Tern Mike Freeman Scott K. James Kevin D. Ross, Chair Lori Seine w rn � Pass -Around Memorandum; October 1, 2024 — CMS ID 8746 Docusign Envelope ID: FDOOD9E0-A4D4-4776-AFE1-3D35CBEB2E56 STATE OF COLORADO CONTRACT MODIFICATION CONTRACT AMENDMENT #4 State Agency Department of Health Care Policy and Financing Contractor Weld County Area Agency on Aging Original Contract Number 20-139139 Amendment Contract Number 20-139139A4 Contract Performance Beginning Date July 1, 2019 Current Contract Expiration Date June 30, 2025 Current Contract Maximum Amount Initial Term State Fiscal Year 2020 Extension Terms State Fiscal Year 2021 State Fiscal Year 2022 State Fiscal Year 2023 State Fiscal Year 2024 State Fiscal Year 2025 Total for All State Fiscal Years THE PARTIES HERETO HAVE EXECUTED TIES AMENDMENT $12,700.18 $12,700.18 $12,700.18 $12,700.18 $12,700.18 $21,110.23 $71,910.95 Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment and to bind the Party authorizing his or her signature. CONTRACTOR Weld County Area Agency on Aging Kevin D. Ross, Chair Weld County Board of County Commissioners LSigned by: u::Fnc3e1F44F... STATE OF COLORADO Jared S. Polis, Governor Department of Health Care Policy and Financing Kim Bimestefer, Executive Director -DocuSigned by: ,-0B6A64797EA6493_.. Date: 10/09/2024 I 14:07 MDT Date: 10/31/2024 I 15:25 MDT STATE CONTROLLER Robert Jaros, CPA, MBA, JD Department of Health Care Policy and Financing Jerrod Cotosman, Controller CDocuSigned by: y..00t 76F69541272643A... Amendment Effective Date: 10/31/2024 115:28 MDT In accordance with §24-30-202, C.R.S., this Contract is not valid until signed and dated above by the State Controller or an authorized delegate. Amendment Contract Number: 20-139139A4 Page 1 of3 1. PARTIES This Amendment (the "Amendment") to the Original Contract shown on the Signature and Cover Page for this Amendment (the "Contract") is entered into by and between the Contractor, and the State. 2. TERMINOLOGY Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the Contract shall be construed and interpreted in accordance with the Contract. 3. AMENDMENT EFFECTIVE DATE AND TERM A. Amendment Effective Date This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before that Amendment Effective Date, and shall have no obligation to pay Contractor for any Work performed or expense incurred under this Amendment either before or after of the Amendment term shown in §3.B of this Amendment. B. Amendment Term The Parties' respective performances under this Amendment and the changes to the Contract contained herein shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment and shall terminate on the termination of the Contract or June 30, 2025, whichever is earlier. 4. PURPOSE The purpose of this Amendment is to add funds, Group In -Reach work, and terms to the Statement of Work. 5. MODIFICATIONS The Contract and all prior amendments thereto, if any, are modified as follows: A. The Contract Maximum Amount table on the Contract's Signature and Cover Page is hereby deleted and replaced with the Current Contract Maximum Amount table shown on the Signature and Cover Page for this Amendment. B. Exhibit B-2, Statement of Work, is deleted in its entirety and replaced with Exhibit B-3, Statement of Work, attached hereto and incorporated by reference into the Contract. Any reference to Exhibit B, Exhibit B-1, or Exhibit B-2 shall now be deemed to reference Exhibit B-3. C. Exhibit C-2, Rates, is deleted in its entirety and replaced with Exhibit C-3, Rates, attached hereto and incorporated by reference into the Contract. Any reference to Exhibit C, Exhibit C-1, and Exhibit C-2 shall now be deemed to reference Exhibit C-3. D. Exhibit G, Medicaid Nursing Facility List, is attached hereto and incorporated by reference into the Contract. 6. LIMITS OF EFFECT AND ORDER OF PRECEDENCE This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendments or other modifications to the Contract, if any, remain in full force and effect except Amendment Contract Number: 20-139139A4 Page 2 of 3 as specifically modified in this Amendment. Except for the Special Provisions contained in the Contract, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Contract or any prior modification to the Contract, the provisions of this Amendment shall in all respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and control over the Special Provisions contained in the Contract to the extent that this Amendment specifically modifies those Special Provisions. Amendment Contract Number: 20-139139A4 Page 3 of 3 EXHIBIT B-3, STATEMENT OF WORK 1. TERMINOLOGY 1.1. In addition to the terms defined in §3 of this Contract, acronyms and abbreviations are defined at their first occurrence in this Exhibit B, Statement of Work. The following list of terms shall be construed and interpreted as follows: 1.1.1. Aging and Disability Resources for Colorado (ADRC) — The Colorado Adult Resources for Care and Help Program which provides a coordinated and streamlined access point to long term services and support for adults age 60 and over, or age 18 and over living with a disability, and their caregivers. 1.1.2. ADRC Policy and Procedure Manual — The manual maintained by the State Unit on Aging which outlines the policies and procedures for operating an ADRC Site in Colorado. 1.1.3. ADRC Site — An ADRC operating agency. 1.1.4. Authorization for Release of Information Form — A form signed by an individual authorizing the ADRC to release and/or obtain verbal, electronic or written information regarding the individual with the service providers and agencies for the purpose of making Referrals for services and coordination in support of a transition to the Community. 1.1.5. Business Interruption — Any event that disrupts Contractor's ability to complete the Work for a period of time, and may include, but is not limited to a Disaster, power outage, strike, loss of necessary personnel or computer virus. 1.1.6. Case Management Agency (CMAs) — A public or private not -for-profit or for-profit agency that meets all applicable state and federal requirements and is certified by the Department to provide case management services for Home and Community -Based Services waivers and pursuant to a provider participation agreement with the state department. 1.1.7. Case Managers (CMs) — An individual employed by a CMA who is qualified to perform case management activities. 1.1.8. Closeout Period — The period beginning on the earlier of 90 days prior to the end of the last Extension Term or notice by the Department of its decision to not exercise its option for an Extension Term, and ending on the day that the Department has accepted the final Deliverable for the Closeout Period, as determined in the Department -approved and updated Closeout Plan, and has determined that the closeout is complete. 1.1.9. Colorado Revised Statutes (C.R.S.) — The legal code of Colorado; the legal codified general and permanent statutes of the Colorado General Assembly. 1.1.10. Community- any long-term care setting that is not classified as institutional in which people live, work, recreate, and receive services. A target population Member's Community residence is often, but is not always, the most appropriate, integrated setting that the Member does not oppose. This may include a residence owned or rented by the Member or the Member's unpaid support(s). Other appropriate, integrated settings in the Community may include Provider owned and operated residential programs. 1.1.11. Community -Based Long -Term Services and Supports (or "Community -Based LTSS") - Individualized, Person -Centered, flexible, and culturally and linguistically competent services, delivered in integrated settings, to help target population Members live in the Exhibit B-3, Statement of Work Page 1 of 24 Community. These services may include Home and Community -Based Services, long term home health, private duty nursing, and the program of all-inclusive care for the elderly. 1.1.12. Community -Based Services — Services that include: 1.1.12.1. Community -Based LTSS. 1.1.12.2. Housing Services. 1.1.12.3. Case management described in this Agreement, including transition coordination services. 1.1.12.4. Any other State services designed to enable target population Members to live in the Community. 1.1.13. Community Transition - When an institutionalized population Member transitions from a Nursing Facility and into the Community. 1.1.14. Contractor — The individual or entity selected to complete the Work contained in the Contract. 1.1.15. Data — State Confidential Information and other State information resources transferred to Contractor for the purpose of completing a task or project assigned in the Statement of Work. 1.1.16. Deliverable — Any tangible or intangible object produced by Contractor as a result of the work that is intended to be delivered to the Department, regardless of whether the object is specifically described or called out as a "Deliverable" or not. 1.1.17. Department — The Colorado Department of Health Care Policy and Financing. 1.1.18. Disaster — An event that makes it impossible for Contractor to perform the Work out of its regular facility or facilities, and may include, but is not limited to, natural disasters, fire or terrorist attacks. 1.1.19. Educated Choice - Member's choice of service setting, based on full and accurate information about community -based alternatives to nursing facility care, including non -disability -specific settings. Educated Choice requires reasonable, documented efforts to identify and address any concerns or objections to community living raised by member or by any unpaid support. 1.1.20. Group In -Reach - Actively seeking to engage an institutionalized population Member, and providing the institutionalized population Member with: (1) full and accurate information about Housing Services and other Community -Based Services, as an alternative to Nursing Facility -based services; (2) responses to any questions or concerns raised by the Member or the Member's unpaid support; and (3) referrals to Case Management Agencies, Transition Coordination Agencies, or other agencies, as identified by the State, that help Members meet their needs in the Community. 1.1.21. Health First Colorado — Colorado's Medicaid Program. 1.1.22. Health Insurance Portability and Accountability Act (HIPAA) — The Health Insurance Portability and Accountability Act of 1996, as amended. 1.1.23. Home and Community -Based Services ("HCBS") Waiver Services - Services and supports provided through a waiver authorized in Section 1915(c) or 1915(k) of the Social Security Act, 42 U.S.C. § 1396n(c), and provided to a Member who requires an institutional level of care that would otherwise be provided in a hospital, Nursing Facility, or intermediate care facility for Members with intellectual disabilities. Exhibit B-3, Statement of Work Page 2 of 24 1.1.24. Independent Living Center (ILC) — A consumer -controlled, Community -Based, cross - disability, non-residential private nonprofit agency that is designed and operated within a local Community by individuals with disabilities to provide an array of independent living services to disabled individuals. 1.1.25. In -Reach Counselor - A person not affiliated with, employed, or enriched by any Nursing Facility, who conducts group and/or individual In -Reach. 1.1.26. Key Personnel — The position or positions that are specifically designated as such in this Contract. 1.1.27. Local Contact Agencies (LCAs) — An ADRC designated as a Local Contact Agency (LCA) by the Colorado Department of Health Care Policy and Financing (HCPF) under the Minimum Data Set (MDS) 3.0, Section Q protocol. 1.1.28. Member — Any individual enrolled in the Colorado Medicaid program, Colorado's CHP+ program or the Colorado Indigent Care Program, as determined by the Department. 1.1.29. Minimum Data Set (MDS) 3.0 - A federally mandated clinical assessment of all Members in Medicaid certified Nursing Facilities. 1.1.30. Natural Support- Non -paid informal relationships that provide assistance and occur in the participant's everyday life including, but not limited to, Community supports and relationships with family members, friends, co-workers, neighbors and acquaintances. 1.1.31. Nursing Facility — An intermediate or skilled care facility, the owners, administrators, and staff thereof. Also known as a nursing home. 1.1.32. Nursing Facility Staff — The staff members of a Nursing Facility in which a Member resides. 1.1.33. Operational Start Date — When the Department authorizes Contractor to begin fulfilling its obligations under the Contract. 1.1.34. Options Counseling — A person -centered approach to helping individuals gain an understanding of the benefits and limitations of long-term services and support options, and the knowledge to access these resources, in order to empower them to make choices that reflect their unique needs, values and circumstances. 1.1.35. Options Counseling Assessment — The process of evaluating an individual's status and needs in order to identify the appropriate service or combination of services required. 1.1.36. Options Counseling Referral Information Form — The document required by the Department for any Options Counseling under this contract. This must be signed by the individual receiving Options Counseling. 1.1.37. Options Counseling Referral Log — The monthly log created and required by the Department identifying individuals referred to Options Counseling. 1.1.38. Options Counselor — Individual employed by an ADRC to conduct Options Counseling. 1.1.39. Other Personnel — Individuals and Subcontractors, in addition to Key Personnel, assigned to positions to complete tasks associated with the Work. 1.1.40. Person -Centered — Focus on the individual with the principles that are set forth in the planning process described in 42 C.F.R. § 441.301(c)(1). 1.1.41. Pre -Admission Screening and Resident Review (PASRR) Level II — The purpose of the Exhibit B-3, Statement of Work Page 3 of 24 PASRR Level II evaluation is to evaluate and determine whether Nursing Facility services are needed, whether an individual has mental illness or intellectual or developmental disability and whether specialized mental health or intellectual or developmental disability services are needed. After admission to a Nursing Facility, Level II Evaluation is also required promptly following any significant change in the resident's condition. 1.1.42. Provider — Any health care professional or entity that has been accepted as a provider in the Colorado Medicaid program, Colorado's CHP+ program or the Colorado Indigent Care Program, as determined by the Department. 1.1.43. Referral — The request of a Member for Options Counseling. 1.1.44. Regional Accountable Entity -A single regional entity responsible for duties previously performed by Regional Care Collaborate Organizations and Behavioral Health Organizations (BHO). 1.1.45. Rural and Frontier -Defined Service Areas that are eligible for rural travel add-on reimbursement for required in -person activities reimbursed through this Contract. 1.1.46. Section Q — The Section which addresses Community Referrals on the Minimum Data Set (MDS) 3.0, a federally mandated clinical assessment of all Members in Medicaid certified Nursing Facilities. 1.1.47. State — The State of Colorado, acting by and through any State agency. 1.1.48. State Fiscal Quarter — The quarterly period of a State Fiscal Year in which Contractor's performance is measured. 1.1.49. State Unit on Aging — The unit in the State, designated to administer the Colorado State Plan on Aging, including Older Americans Act and Older Coloradans Act programs. In Colorado, this agency is within the Colorado Department of Human Services, Division of Aging and Adult Services. 1.1.50. Transition Coordination Agency (TCAs) — A public or private not -for-profit or for-profit agency that is enrolled as a provider and is certified by the Department to provide transition coordination pursuant to a provider participation agreement with the state department. 1.1.51. Transition Coordination Referral Log — The monthly log created and required by the Department identifying individuals referred to and accepted by Transition Coordination Agencies. 1.1.52. Transition Coordination Pending Referral List — The monthly list created and required by the Department identifying individuals who have not been accepted by a Transition Coordination Agency. 1.1.53. Transition Coordinators (TC) — A person who provides transition coordination services and meets all regulatory requirements for a transition coordinator. 2. CONTRACTOR'S GENERAL REQUIREMENTS 2.1. Contractor may be privy to internal policy discussions, contractual issues, price negotiations, confidential medical information, Department financial information, advance knowledge of legislation and other Confidential Information. In addition to all other confidentiality requirements of the Contract, Contractor shall also consider and treat any such information as Confidential Information and shall only disclose it in accordance with the terms of the Contract. Exhibit B-3, Statement of Work Page 4 of 24 2.2. Contractor shall work cooperatively with Department staff and, if applicable, the staff of other State contractors to ensure the completion of the Work. The Department may, in its sole discretion, use other contractors to perform activities related to the Work that are not contained in the Contract or to perform any of the Department's responsibilities. In the event of a conflict between Contractor and any other State contractor, the State will resolve the conflict and Contractor shall abide by the resolution provided by the State. 2.3. Contractor shall inform the Department on current trends and issues in the healthcare marketplace and provide information on new technologies in use that may impact Contractor's responsibilities under this Contract. 2.4. Contractor shall maintain complete and detailed records of all meetings, system development life cycle documents, presentations, project artifacts, and any other interactions or Deliverables related to the Work described in the Contract. Contractor shall make such records available to the Department upon request throughout the term of the Contract. 2.5. Deliverables 2.5.1 All Deliverables shall meet Department -approved format and content requirements. The Department will specify the number of copies and media for each Deliverable. 2.5.1.1. Contractor shall submit each Deliverable to the Department for review and approval and shall adhere to the following Deliverable process such for any documentation creation, review, and acceptable cycle, Contractor shall: 2.5.1.1.1. Gather and document requirements for the Deliverable. 2.5.1.1.2. Create a draft in the Department -approved format for the individual Deliverable. 2.5.1.1.3. Perform internal quality control review(s) of the Deliverable, including, but not limited to: 2.5.1.1.3.1. Readability. 2.5.1.1.3.2. Spelling. 2.5.1.1.3.3. Grammar. 2.5.1.1.3.4. Completion. 2.5.1.1.4. Adhere to all required templates or development of templates. 2.5.1.1.5. Perform modifications that include version control and tracked changes. 2.5.1.2. The Department will review the Deliverable and may direct Contractor to make changes to the Deliverable. Contractor shall make all changes within five Business Days following the Department's direction to make the change unless the Department provides a longer period in writing. 2.5.1.2.1. Changes the Department direct include, but are not limited to, modifying portions of the Deliverable, requiring new pages or portions of the Deliverable, requiring resubmission of the Deliverable or requiring inclusion of information or components that were left out of the Deliverable. 2.5.1.2.2. The Department may also direct Contractor to provide clarification or provide a walkthrough of any Deliverable to assist the Department in its review. Contractor shall provide the clarification or walkthrough as directed by the Department. Exhibit B-3, Statement of Work Page 5 of 24 2.5.1.3. Once the Department has received an acceptable version of the Deliverable, the Department will submit the invoice for payment. 2.5.2. Contractor shall employ an internal quality control process to ensure that all Deliverables are complete, accurate, easy to understand and of high quality, as described herein. Contractor shall provide Deliverables that, at a minimum, are responsive to the specific requirements for that Deliverable, organized into a logical order, contain accurate spelling and grammar, are formatted uniformly, and contain accurate information and correct calculations. Contractor shall retain all draft and marked -up documents and checklists utilized in reviewing Deliverables for reference as directed by the Department. 2.5.3. In the event any due date for a Deliverable falls on a day that is not a Business Day, the due date shall be automatically extended to the next Business Day, unless otherwise directed by the Department. 2.5.4. All due dates or timelines that reference a period of days, months or quarters shall be measured in calendar days, months and quarters unless specifically stated as being measured in Business Days or otherwise. All times stated in the Contract shall be considered to be in Mountain Time, adjusted for Daylight Saving Time as appropriate, unless specifically stated otherwise. 2.5.5. No Deliverable, report, data, procedure or system created by Contractor for the Department that is necessary to fulfilling Contractor's responsibilities under the Contract, as determined by the Department, shall be considered proprietary. 2.5.6. If any Deliverable contains ongoing responsibilities or requirements for Contractor, such as Deliverables that are plans, policies or procedures, then Contractor shall comply with all requirements of the most recently approved version of that Deliverable. Contractor shall not implement any version of any such Deliverable prior to receipt of the Department's written approval of that version of that Deliverable. Once a version of any Deliverable described in this subsection is approved by the Department, all requirements, milestones and other Deliverables contained within that Deliverable shall be considered to be requirements, milestones and Deliverables of this Contract. 2.5.6.1. Any Deliverable described as an update of another Deliverable shall be considered a version of the original Deliverable for the purposes of this subsection. 2.6. Stated Deliverables and Performance Standards 2.6.1. Any section within this Statement of Work headed with or including the term "DELIVERABLE" or "PERFORMANCE STANDARD" is intended to highlight a Deliverable or performance standard contained in this Statement of Work and provide a clear due date for the Deliverables. The sections with these headings are for ease of reference not intended to expand or limit the requirements or responsibilities related to any Deliverable or performance standard, except to provide the due date for the Deliverables. 2.7. Communication with the Department 2.7.1. Contractor shall enable all Contractor staff to exchange documents and electronic files with the Department staff in formats compatible with the Department's systems. The Department currently uses Microsoft Office 2016 and/or Microsoft Office 365 for PC. If Contractor uses a compatible program, then Contractor shall ensure that all documents or files delivered to the Department are completely transferrable and reviewable, without error, on the Exhibit B-3, Statement of Work Page 6 of 24 2.7.2.1. 2.7.2.2. 2.7.2.3. Department's systems. 2.7.2. The Department will use a transmittal process to provide Contractor with official direction within the scope of the Contract. Contractor shall comply with all direction contained within a completed transmittal. For a transmittal to be considered complete, it must include, at a minimum, all of the following: The date the transmittal will be effective. Direction to Contractor regarding performance under the Contract. A due date or timeline by which Contractor shall comply with the direction contained in the transmittal. 2.7.2.4. The signature of the Department employee who has been designated to sign transmittals. 2.7.2.4.1. The Department will provide Contractor with the name of the person it has designated to sign transmittals on behalf of the Department, who will be the Department's primary designee. The Department will also provide Contractor with a list of backups who may sign a transmittal on behalf of the Department if the primary designee is unavailable. The Department may change any of its designees from time to time by providing notice to Contractor through a transmittal. 2.7.3. The Department may deliver a completed transmittal to Contractor in hard copy, as a scanned attachment to an email or through a dedicated communication system, if such a system is available. 2.7.3.1. If a transmittal is delivered through a dedicated communication system or other electronic system, then the Department may use an electronic signature to sign that transmittal. 2.7.4. If Contractor receives conflicting transmittals, Contractor shall contact the Department's primary designee, or backup designees if the primary designee is unavailable, to obtain direction. If the Department does not provide direction otherwise, then the transmittal with the latest effective date shall control. 2.7.5. In the event that Contractor receives direction from the Department outside of the transmittal process, it shall contact the Department's primary designee, or backup designees if the primary designee is unavailable, and have the Department confirm that direction through a transmittal prior to complying with that direction. 2.7.6. Transmittals may not be used in place of an amendment, and may not, under any circumstances be used to modify the term of the Contract or any compensation under the Contract. Transmittals are not intended to be the sole means of communication between the Department and Contractor, and the Department may provide day-to-day communication to Contractor without using a transmittal. 2.7.7. Contractor shall retain all transmittals for reference and shall provide copies of any received transmittals upon request by the Department. 2.8. Data Use Addendum 2.8.1. Contractor shall agree to and provide signatures for Exhibit F, CMS -R-0235 Addendum to receive MDS identifiable data to support Options Counseling and Referral Services as described in Exhibit F. Contractor shall ensure that all Subcontractors agree to and provide signatures for Exhibit F, CMS -R-0235 Addendum. Exhibit B-3, Statement of Work Page 7 of 24 2.8.1.1. Exhibit F, CMS -R-0235 Addendum may be modified or amended by the mutual written agreement of the Parties, without amendment of this Agreement. Any modified or amended Exhibit F, CMS -R-0235 Addendum agreed to in writing by the Parties shall supersede and replace any prior version of Exhibit F, CMS -R-0235 Addendum. 2.9. Closeout Period 2.9.1. During the Closeout Period, Contractor shall complete all of the following: 2.9.1.1. Provide to the Department, or any other contractor at the Department's direction, all reports, data, systems, Deliverables and other information reasonably necessary for a transition as determined by the Department. 2.9.1.2. Ensure that all responsibilities under the Contract have been transferred to the Department, or to another contractor at the Department's direction, without significant interruption. 2.9.1.3. Notify any Subcontractors of the termination of the Contract, as directed by the Department. 2.9.1.4. Continue meeting each requirement of the Contract until the Department determines that specific requirement is being performed by the Department or another contractor, whichever is sooner. The Department will determine when any specific requirement is being performed by the Department or another contractor, and will notify Contractor of this determination for that requirement. 2.9.1.5. The Closeout Period may extend past the termination of the Contract. The Department will perform a closeout review to ensure that Contractor has completed all requirements of the Closeout Period. If Contractor has not completed all of the requirements of the Closeout Period by the date of the termination of the Contract, then any incomplete requirements shall survive termination of the Contract. 2.10. Federal Financial Participation Related Intellectual Property Ownership 2.10.1. In addition to the intellectual property ownership rights specified in the Contract, the following subsections enumerate the intellectual property ownership requirements Contractor shall meet during the term of the Contract in relation to federal financial participation under 42 CFR §433.112 and 45 CFR §95.617. 2.10.1.1. Contractor shall notify the State before designing, developing, creating or installing any new data, new software or modification of a software using Contract Funds. Contractor shall not proceed with such designing, development, creation or installation of data or software without express written approval from the State. 2.10.1.2. If Contractor uses Contract Funds to develop necessary materials, including, but not limited to, programs, products, procedures, data and software to fulfill its obligations under the Contract, Contractor shall document all Contract Funds used in the development of the Work Product, including, but not limited to the materials, programs, procedures, and any data, software or software modifications. 2.10.1.2.1. The terms of this Contract will encompass sole payment for any and all Work Product and intellectual property produced by Contractor for the State. Contractor shall not receive any additional payments for licenses, subscriptions, or to remove a restriction Exhibit B-3, Statement of Work Page 8 of 24 on any intellectual property Work Product related to or developed under the terms of this Contract. 2.10.1.3. 2.10.1.4. 2.10.1.4.1. Contractor shall provide the State comprehensive and exclusive access to and disclose all details of the Work Product produced using Contract Funds. Contractor shall hereby assign to the State, without further consideration, all right, interest, title, ownership and ownership rights in all work product and Deliverables prepared and developed by Contractor for the State, either alone or jointly, under this Contract, including, but not limited to, data, software and software modifications designed, developed, created or installed using Contract Funds, as allowable in the United States under 17 U.S.C.S. §201 and §204 and in any foreign jurisdictions. Such assigned rights include, but are not limited to, all rights granted under 17 U.S.C.S §106, the right to use, sell, license or otherwise transfer or exploit the Work Product and the right to make such changes to the Work Product as determined by the State. 2.10.1.4.2. This assignment shall also encompass any and all rights under 17 U.S.C.S §106A, also referred to as the Visual Artists Rights Act of 1990 (VARA), and any and all moral rights to the Work Product. 2.10.1.4.3. Contractor shall require its employees and agents to, promptly sign and deliver any documents and take any action the State reasonably requests to establish and perfect the rights assigned to the State or its designees under these provisions. 2.10.1.4.4. Contractor shall execute the assignment referenced herein immediately upon the creation of the Work Product pursuant to the terms of this Contract. 2.10.1.5. The State claims sole ownership and all ownership rights in all copyrightable software designed, developed, created or installed under this contract, including, but not limited to: 2.10.1.5.1. Data and software, or modifications thereof created, designed or developed using Contract Funds. 2.10.1.5.2. Associated documentation and procedures designed and developed to produce any systems, programs, reports and documentation. 2.10.1.5.3. All other Work Products or documents created, designed, purchased, or developed by Contractor and funded using Contract Funds. 2.10.1.6. All ownership and ownership rights pertaining to Work Product created in the performance of this Contract will vest with the State, regardless of whether the Work Product was developed by Contractor or any Subcontractor. 2.10.1.7. Contractor shall fully assist in and allow without dispute, both during the term of this Contract and after its expiration, registration by the State of any and all copyrights and other intellectual property protections and registrations in data, software, software modifications or any other Work Product created, designed or developed using Contract Funds. 2.10.1.8. The State reserves a royalty -free, non-exclusive and irrevocable license to produce, publish or otherwise use such software, modifications, documentation and procedures created using Contract Funds on behalf of the State, the Federal Department of Health Exhibit B-3, Statement of Work Page 9 of 24 2.10.1.8.1. and Human Services (HHS) and its contractors. Such data and software include, but are not limited to, the following: All computer software and programs which have been designed or developed for the State, or acquired by Contractor on behalf of the State, which are used in performance of the Contract. 2.10.1.8.2. All internal system software and programs developed by Contractor or Subcontractor, including all source codes, which result from the performance of the Contract; excluding commercial software packages purchased under Contractor's own license. 2.10.1.8.3. All necessary data files. 2.10.1.8.4. User and operation manuals and other documentation. 2.10.1.8.5. System and program documentation in the form specified by the State. 2.10.1.8.6. Training materials developed for State staff, agents or designated representatives in the operation and maintenance of this software. 2.11. Renewal Options and Extensions 2.11.1. The Department may, within its sole discretion, choose to not exercise any renewal option in the Contract for any reason. If the Department chooses to not exercise an option, it may re - procure the performance of the Work in its sole discretion. 2.11.2. The Parties may amend the Contract to extend beyond five years, in accordance with the Colorado Procurement Code and its implementing rules, in the event that the Department determines the extension is necessary to align the Contract with other Department contracts, to address state or federal programmatic or policy changes related to the Contract, or to provide sufficient time to transition the Work. 2.11.3. The limitation on the annual maximum compensation in this Contract shall not include increases made specifically as compensation for additional Work added to the Contract. 2.12. State of Colorado Information Technology Requirements 2.12.1. Contractor shall adhere to all State of Colorado Information Technology Security and Privacy requirements that are relevant to the Contract outlined in Exhibit E, Information Technology Provisions. 3. PERSONNEL AND MEETING REQUIREMENTS 3.1. Key Personnel 3.1.1. Contractor shall designate an individual to hold the following Key Personnel positions: 3.1.1.1. Project Lead 3.1.1.1.1. The Project Lead shall be responsible for all of the following: 3.1.1.1.1.1. Serving as Contractor's primary point of contact for the Department. 3.1.1.1.1.2. Ensuring the completion of all Work in accordance with the Contract's requirements. This includes, but is not limited to, ensuring the accuracy, timeliness and completeness of all work. 3.1.1.1.1.3. Overseeing all other Key Personnel and Other Personnel and ensuring proper staffing levels throughout the term of the Contract. Exhibit B-3, Statement of Work Page 10 of 24 3.2. Other Personnel Responsibilities 3.2.1. Contractor shall use its discretion to determine the number of Other Personnel necessary to perform the Work in accordance with the requirements of this Contract. If the Department determines that Contractor has not provided sufficient Other Personnel to perform the Work in accordance with the requirements of this Contract, Contractor shall provide all additional Other Personnel necessary to perform the Work in accordance with the requirements of this Contract at no additional cost to the Department. 3.2.2. Contractor shall ensure that all Other Personnel have sufficient training and experience to complete all portions of the Work assigned to them. Contractor shall provide all necessary training to its Other Personnel, except for State -provided training specifically described in this Contract. 3.3. Department Staff 3.3.1. Department Staff from both the State Unit on Aging and the Department of Health Care Policy and Financing (HCPF) will coordinate communications with Contractor's Aging and Disability Resources for Colorado (ADRC) staff, including staff from a sub -contracted Independent Living Center (ILC), to ensure proper uniformity with the project. 3.4. Meeting Requirements 3.4.1. Contractor shall attend transition coordination meetings scheduled by the Department for Transition Coordinators (TCs), Case Managers (CMs), Option Counselors, and Ombudsman scheduled by the Department to coordinate and plan Referral and transition activities and to discuss processes impacting Members, consumers and long-term care facility staff Contractor shall ensure that it provides all necessary attendees as requested by the Department for these meetings, including, but not limited to, the ADRC Site, Options Counselors, and sub -contracted ILCs. 3.4.2. Contractor's ADRC Site, CMAs, ILCs, and Transition Coordination Agency (TCAs) shall work to establish a standard meeting schedule based on the local needs of Contractor. 3.4.3. Contractor's ADRC Site, sub -contracted ILCs, CMAs, and TCAs may meet regularly outside of the scheduled meeting at Contractor's discretion for the purposes of coordinating efforts and resolving issues at a local level. 4. DEPARTMENT SUPPORT AND RESPONSIBILITIES 4.1. The Department will financially support the infrastructure of the ADRC network to enable it to conduct outreach activities to inform local stakeholders and the general public about transition coordination and other transition services, to respond to all Minimum Data Set (MDS) Section Q Medicaid Referrals and provide Options Counseling to Members in the ADRC coverage area. 4.1.1. The Department will provide outreach and Options Counseling to any referrals that come through the online referral form. 4.2. The Department will designate ADRC Sites as the LCAs. 4.3. The Department will inform all Nursing Facilities and Transition Coordinators in the coverage area that the ADRC in Contractor's coverage area shall serve as the LCA. 4.4. The Department will make available an online MDS Section Q training for Options Counselors, Nursing Facility Staff and Transition Coordinators. Exhibit B-3, Statement of Work Page 11 of 24 4.5. The Department will provide ongoing technical assistance regarding outreach activities and the Referral and transition processes to the ADRC Sites, sub -contracted ILCs, TCAs, SNFs, and CMAs through Transition Coordination meetings and technical assistance calls. 4.6. The Department will make available relevant MDS data to Contractor to support ADRC planning and activities in response to Section Q Referrals. 4.7. The Department will support Contractor in navigating Nursing Facility interference. 5. PROJECT SPECIFIC STATEMENT OF WORK 5.1. ADRC Coverage Area 5.1.1. Contractor shall manage all Referrals locally from nursing homes in the following counties: Weld. 5.2. Options Counseling Responsibilities 5.2.1. Contractor shall provide Options Counseling following the requirements included in this section. 5.2.2. Contractor shall use Options Counseling procedures identified in the ADRC Policy and Procedure Manual, Options Counseling Training and Webinars provided by the Department, and the State Unit on Aging, to: 5.2.2.1. Facilitate the Referral process and Referrals to the Transition Coordination program. 5.2.2.2. Determine the minimum qualifications for Options Counseling for ADRC staff and Subcontractors. 5.2.3. Contractor shall provide Options Counseling to the following Medicaid Members referred through: 5.2.3.1. The MDS Section Q process. 5.2.3.2. The PASRR Level II process. 5.2.3.3. The Department. 5.2.3.4. Self -Referrals. 5.2.3.5. Service providers, advocates and/or family Members. 5.2.4. Contractor shall also provide Options Counseling to the following groups: 5.2.4.1. All Members identified in MDS data made available to Contractor by the Department. 5.2.4.2. All Members referred through the community referral process. 5.2.4.3. Members referred through Group In -Reach meetings. 5.2.5. Contractor shall assign an Options Counselor for Members. All Options Counselors shall be assigned within six months of the Effective Date of this Contract. 5.2.6. Contractor shall work to avoid any staffing conflicts of interests including utilizing Ombudsman to conduct Options Counseling in facilities they oversee. 5.2.6.1. If Contractor foresees any conflict of interest for any staff during the contracting period, Contractor shall submit a plan to mitigate these conflicts to the Department Representative for review and approval prior to the staff member starting work. Exhibit B-3, Statement of Work Page 12 of 24 5.2.7. Contractor shall meet the referred Members in the Member's Nursing Facility within 10 Business Days of the Referral. 5.2.7.1. Contractor shall document in the Member's case file and on the quarterly reporting spreadsheet in the event if the Member could not be reached within 10 Business Days. 5.2.7.2. Contractor shall adhere to all Nursing Facility rules and regulations when meeting with a Member in their Nursing Facility, including, but not limited to, rules and regulations pertaining to vendors in the facility. 5.2.8. Contractor shall transfer a Referral to a Subcontractor, when applicable, within two Business Days after receiving the Member Referral for Options Counseling. 5.2.9. Contractor shall ensure that a Subcontractor responds to the referred Member in the Member's Nursing Facility within eight Business Days after receiving the transferred Referral from Contractor. 5.2.9.1. Contactor shall ensure all Subcontractors adhere to all Nursing Facility rules and regulations, including those pertaining to visitors in the facility. 5.2.10. Contractor shall provide Options Counseling to the following: 5.2.10.1. 5.2.10.2. 5.2.10.3. Medicaid recipients who are eligible for Home and Community -Based Services, reside in a Nursing Facility, or Intermediate Care Facility for Individuals with Intellectual and Developmental Disabilities (ICF-IID), or Regional Center, and are willing to participate and have expressed interest in moving to a home and Community -Based setting. Members may also be Medicaid recipients receiving Home and Community Based Services provided by the State operated Regional Centers who want to transition to a private Home and Community -Based Services Provider. Children under the age of 18 are excluded. 5.2.11. Contractor shall provide Members with the option to choose from any of the following programs through Medicaid: 5.2.11.1. HCBS. 5.2.11.2. Community -Based LTSS. 5.2.12. Contractor shall explain and describe the programs available to the Member or their legal guardian. 5.2.13. Contractor shall make a Referral to a local Transition Coordination Agency if the Member wishes to proceed with the transition process. Contractor shall make the Referral to a Transition Coordination Agency outside of their region if none are available in their area. 5.2.13.1. Contractor shall not screen out a Member for transition services. 5.2.13.2. Contractor shall obtain a signed Authorization for Release of Information Form from the Member before sending any information to the Member's chosen TCA. 5.2.13.3. Contractor shall provide information about each TCA in the local area that can work with the Member to determine if a transition is feasible. Contractor shall provide support as necessary to the Member in choosing a TCA. Exhibit B-3, Statement of Work Page 13 of 24 5.2.13.3.1. 5.2.13.4. 5.2.13.5. 5.2.13.5.1. 5.2.13.5.2. 5.2 .13.6. 5.2.13.7. 5.2.13.7.1. 5.2.13.7.2. 5.2.13.7.3. 5.2.13.7.4. 5.2.13.7.5. 5.2.13.7.6. 5.2.13.8. 5.2.13.8.1. 5.2.13.9. 5.2.13.9.1. 5.2.13.9.2. 5.2.13.9.3. 5.2.13.9.4. 5.2.13.10. 5.2.13.11. Regardless of a Member's preference, Contractor shall use the tools and resources at their disposal to help Members to make an informed choice about a local TCA prior to signing the Options Counseling Referral Information Form. Contractor shall leave the appropriate contact information of the chosen TCA, as well as contact information for the Options Counselor, for each Member or designated individual. Contractor shall make a Referral to a local TCA by sending the following forms, provided by the Department and State Unit on Aging, to a local TCA of the Member's choosing within two Business Days upon Member signature on the Referral form: Completed Options Counseling Referral Information Form. Options Counseling Assessment. If the chosen TCA does not have capacity, Contractor shall add the Member to Contractor's Transition Coordination Pending Referral List or refer them to another TCA outside of their region. Contractor shall confirm that the chosen TCA accepted the Referral by notifying the Medicaid Member and the Nursing Facility, with the following information: Member name. Member phone number. Member email address. Assigned TC name. Assigned TC phone number. Assigned TC email address. Contractor shall inform a Member of alternative options if the Member is not an appropriate candidate for transition coordination through Medicaid. Contractor shall make proper Referrals based on the Member's status. Contractor shall ensure that Medicaid Members referred through Section Q and/or identified in the MDS data receives Options Counseling. The data includes: MDS Section Q0500B "yes" and Q0600 "yes -referral made" Medicaid Member responses. MDS Section Q0500B "yes" and Q0600 "no -referral is or may be needed" Medicaid Member responses. MDS Section Q0500B "yes" and Q0600 "no -referral not needed" Medicaid Member responses. Departmental Referrals from the Department's Principal Representative. Contractor shall ensure that its Options Counseling follows the ADRC Policy and Procedure Manual for Options Counseling. Contractor shall ensure that transition coordination eligible Members who desire to continue with transitioning are referred to a local TCA. Exhibit B-3, Statement of Work Page 14 of 24 5.2.13.12. Contractor may participate in a statewide Quarterly Technical Assistance Conference Call for all ADRC Sites, hosted by the Department, to troubleshoot common issues and share best practices in the Referral and transition process. 5.2.13.13. Contractor shall attend and participate in regional Transition Coordination meetings or Options Counseling meetings, hosted by the Department, to improve the candidate identification, Referral, and transition functions, and to problem solve local or Member - specific issues with the Referral transition process. 5.3. Regional Transition Coordination 5.3.1. Contractor may utilize already established ADRC Advisory Councils, as outlined in the ADRC Policy and Procedure Manual provided by the State Unit on Aging to either convene and facilitate conversations about transition coordination with partners or create a separate transition coordination council/committee. 5.3.2. Target Membership of the ADRC Advisory Council or separate transition coordination council/committee shall include, but is not limited to, representatives from the following perspectives: 5.3.2.1. ADRC Site. 5.3.2.2. Members/Families. 5.3.2.3. Community Centered Boards. 5.3.2.4. Community Providers. 5.3.2.5. Landlords. 5.3.2.6. Local Housing Authorities. 5.3.2.7. Nursing Facilities. 5.3.2.8. Local Businesses. 5.3.2.9. Local Government. 5.3.2.10. Ombudsmen. 5.3.2.11. Single Entry Points. 5.3.2.12. Transition Coordination Agencies. 5.3.3. PERFORMANCE STANDARD: Contractor shall notify the Department's Principal Representative how they plan to structure Regional Transition Coordination within 60 calendar days following the Effective Date of this Agreement. 5.4. ADRC Outreach Responsibilities 5.4.1. Contractor shall develop and submit a Regional Outreach Plan to the Department. 5.4.1.1. The Regional Outreach Plan shall include all of the following: 5.4.1.1.1. An outline of Contractor's proposed efforts to increase Referrals for Options Counseling and Community transitions. Contractor may include any outreach activity approved by the Department. The Department will provide a list of potential outreach activities to Contractor. Exhibit B-3, Statement of Work Page 15 of 24 5.4.1.1.2. All performance standards, timelines, and milestones Contractor will meet related to regional outreach, as well as any Deliverables Contractor will submit. 5.4.1.2. Contractor shall deliver the Regional Outreach Plan to the Department for review and approval. 5.4.1.2.1. DELIVERABLE: Regional Outreach Plan 5.4.1.2.2. DUE: No later than 60 days after Effective Date 5.4.1.3. Contractor shall update the Regional Outreach Plan annually. 5.4.1.3.1. Contractor shall update the Regional Outreach Plan to include the following: 5.4.1.3.1.1. A list of all outreach activities completed by Contractor. 5.4.1.3.1.2. A description of the results from the completed outreach activities. 5.4.1.3.1.2.1. Results include, but are not limited to, the following: 5.4.1.3.1.2.1.1. Number of outreach/education meetings held with family/guardians of Nursing Facility residents. 5.4.1.3.1.2.1.2. Number of presentations to Resident Council Meetings. 5.4.1.3.1.2.1.3. Number of Community meetings attended and presentations given. 5.4.1.3.1.2.1.4. Development and dissemination of outreach materials. 5.4.1.4. Contractor shall deliver Updated Regional Outreach Plan to the Department for review and approval. 5.4.1.4.1. DELIVERABLE: Updated Regional Outreach Plan 5.4.1.4.2. DUE: Annually, by the Friday before June 20th of each year 5.4.1.5. Target audiences for outreach activities shall include, but are not limited to: 5.4.1.5.1. Potential Members. 5.4.1.5.2. Families/Guardians. 5.4.1.5.3. Nursing Facility Staff. 5.4.1.5.4. Housing Authorities. 5.4.1.5.5. Landlords. 5.4.1.5.6. Local businesses. 5.4.1.5.7. Local government. 5.4.1.5.8. General members of the public. 5.4.1.6. Contractor shall provide ongoing Section Q Referral process outreach, training, and education to Nursing Facility Staff. 5.4.2. Contractor shall develop and submit a Regional Resource Document to the Department for review. 5.4.2.1. The Regional Resource document shall include the following information from the Contractor's Region: Exhibit B-3, Statement of Work Page 16 of 24 5.4.2.1.1. Resources not funded by Medicaid. 5.4.2.1.2. Housing resource opportunities. 5.4.2.1.3. Food resource opportunities. 5.4.2.1.4. Support resources for caregivers. 5.4.2.1.5. Resources for specific diagnoses as determined by the Department. 5.4.2.2. Contractor shall deliver the Regional Resource Document to the Department for review and approval. 5.4.2.2.1. DELIVERABLE: Regional Resource Document 5.4.2.2.2. DUE: By September 15, 2024 5.4.2.3. Contractor shall update the Regional Resource documents to reflect and ensure quality of resource availability. 5.4.2.4. Contractor shall provide the Updated Regional Resource Document as needed and approved by the Department. 5.4.2.4.1. The update may not be needed and may not be provided by Contractor with approval from the Department. 5.4.2.5. Contractor shall update the Regional Resource document quarterly and deliver it to the Department for review and approval. 5.4.2.5.1. DELIVERABLE: Updated Regional Resource Document 5.4.2.5.2. DUE: Quarterly, by December 15th, March 15th, and June 15th, and September 15th of each year after 2024 5.4.2.6. Contractor shall distribute the Regional Resource Document as advised by the Department. 5.4.2.7. The Target Audience for Regional Resource Document shall include, but is not limited to: 5.4.2.7.1. Potential Members. 5.4.2.7.2. Members. 5.4.2.7.3. Guardians'/Families/ Natural Supports. 5.4.2.7.4. Nursing Facility Staff. 5.4.2.7.5. General members of the public. 5.4.2.8. The Regional Resource Document shall also address CMAs, RAEs, TCAs and other agencies that directly support populations in the Target Audience. 5.5. Sub -Contracting with Independent Living Centers 5.5.1. Contractor may subcontract with an Independent Living Center (ILC) to support outreach activities and Options Counseling to Nursing Facility Members if an ILC is established in Contractor's coverage area. 5.5.2. If Contractor subcontracts with an ILC, the ILC shall provide Options Counseling in accordance with the established ADRC policies and procedures and state standards. Exhibit B-3, Statement of Work Page 17 of 24 5.5.3. Contractor shall include the ILC performance data in the required reports identified in Section 6. 5.5.4. In the event that an ILC does not wish to subcontract with Contractor, Contractor shall provide documentation to the Department indicating that the ILC has opted out. 5.5.5. Contractor shall notify the Department if Contractor establishes a subcontract with an ILC. 5.5.6. Contractor may earn an administrative rate for each calendar quarter in which Contractor subcontracts with an ILC. For the purposes of this rate, Contractor shall be considered to have contracted with an ILC during the quarter if Contractor has subcontracted with the ILC for the entire quarter. Contractor shall provide a copy of the subcontract to the Department. 5.5.7. Written notification of termination of a subcontract shall be provided to the Department at least 10 Business Days prior to the contract termination unless the Department allows for a shorter period in writing. 5.5.7.1. PERFORMANCE STANDARD: Subcontracted with an ILC during the calendar quarter 5.6. Group In -Reach Responsibilities 5.6.1. The goal of Group In -Reach is to actively support institutionalized population Members in making an Educated Choice about transitioning to the Community. This work is in addition to Community engagement provided by Contractor. 5.6.2. Contractor shall provide Group In -Reach in addition to Community engagement. 5.6.3. Contractor shall increase Educated Choice about transitioning to the Community. 5.6.4. Contractor shall develop and submit a Group In -Reach Plan to the Department for review and approval. 5.6.4.1. The Group In -Reach Plan shall include all of the following: 5.6.4.1.1. An outline of Contractor's proposed efforts to increase Referrals to Options Counseling or Transition Coordination through Group In -Reach. Contractor may include any in -reach activity approved by the Department. The Department will provide a list of potential Group In -Reach activities to Contractor. 5.6.4.1.2. All performance standards, timelines, and milestones Contractor shall meet related to regional Group In -Reach including, but not limited to, the plan for ensuring each Nursing Facility receives Group In -Reach twice annually and planned outreach with Nursing Facilities to ensure Member attendance. 5.6.4.2. Contractor shall deliver the Group In -Reach Plan to the Department for review and approval. 5.6.4.2.1. DELIVERABLE: Group In -Reach Plan 5.6.4.2.2. DUE: Annually, by September 15th of each year 5.6.5. Contractor shall engage Nursing Facility institutionalized population Members and any Unpaid Support in a group setting of one or more individuals, and provide the Members and their Unpaid Support with: 5.6.5.1. Information about housing services, transition services, and other Community -Based Services, as an alternative to Nursing Facility -based services. Exhibit B-3, Statement of Work Page 18 of 24 5.6.5.2. Responses to any questions or concerns raised by the Member or the Member's Unpaid Support. 5.6.5.3. Referrals to Case Management Agencies, Transition Coordination Agencies, or other agencies, as identified by the State to help members meet their needs in the Community. 5.6.6. Contractor shall review all training materials provided by the Department prior to facilitating a Group In -Reach meeting. 5.6.7. Contractor shall create Group In -Reach Presentation using training materials provided by the Department. 5.6.8. Contractor shall deliver the Group In -Reach Presentation to the Department for review and approval prior to use. 5.6.8.1. DELIVERABLE: Group In -Reach Presentation 5.6.8.2. DUE: Annually, by September l' of each year 5.6.9. Contractor shall schedule and facilitate Group In -Reach to Medicaid Members residing in a skilled Nursing Facility and their families/ guardians as directed by the Department. 5.6.10. Contractor shall provide Group In -Reach to Medicaid Members and allow other individuals to attend including, but not limited to, the following: 5.6.10.1. Medicare Members. 5.6.10.2. Medicaid Members receiving PACE. 5.6.10.3. Members receiving Transition Coordination. 5.6.10.4. Members receiving help to transition into the Community from other programs. 5.6.10.5. Members that are privately paying for Nursing Facility services. 5.6.10.6. Guardians of Members. 5.6.10.7. (M)POA of individual Members. 5.6.10.8. Natural Supports of Members. 5.6.11. Contractor shall provide Group In -Reach to Nursing Facility residents who are willing to participate and have expressed interest in moving to or gaining more knowledge about moving to home and Community -Based settings. 5.6.12. Children under the age of 18 are excluded from Group In -Reach. 5.6.13. Contractor shall provide Group In -Reach in all Medicaid certified Nursing Facilities within the Contractor's designated region. 5.6.13.1. Medicaid Members may or may not be residing at the Nursing Facility at the time Group In -Reach is provided. 5.6.14. Contractor shall work with the Nursing Facility to disseminate an invitation to the Nursing Facility residents and their families/guardians, present the information and document per the guidelines in the Deliverables section the attendance information. 5.6.15. Contractor shall coordinate Group In -Reach meeting with the Nursing Facility via email, phone, in person meeting or other means of communication. Exhibit B-3, Statement of Work Page 19 of 24 5.6.16. Contractor shall schedule a meeting with each Medicaid Nursing Facility in the contracted area two times before the contract end date or before 12 months, whichever is sooner. 5.6.17. Contractor shall conduct outreach in all Nursing Facilities listed in Exhibit G, Medicaid Nursing Facility List. 5.6.18. If the Nursing Facility interferes with scheduling after Contractor makes a minimum of two calls or sends three emails, Contractor shall submit an escalation report to the Department within 30 days. The report shall include the following information: 5.6.18.1. List of attempts to schedule Group In -Reach meetings. 5.6.18.2. Calls to Nursing Facility Social Worker or Social Service Director. 5.6.18.2.1. After Contractor makes the minimum of two calls. 5.6.18.3. Calls to Nursing Facility Administration. 5.6.18.4. Emails to Nursing Facility Social Worker/Administrator or Social Service Director. 5.6.18.5. Date and time of in person visit to attempt scheduling. 5.6.18.6. Name and position of individual contacted. 5.6.19. Contractor shall adhere to all Nursing Facility rules and regulations when meeting with Members in the Nursing Facility including, but not limited to, rules and regulations pertaining to vendors in the facility. 5.6.20. Contractor shall provide Members with, at a minimum, information on the following: 5.6.20.1. Waiver Programs for HCBS. 5.6.20.2. State Plan Long Term Care Benefits including Transition Coordination. 5.6.20.3. Information on determining eligibility for Medicaid. 5.6.20.4. Description of process for Community transition with approximate timelines. 5.6.20.5. Community specific resources to support Community -Based living. 5.6.21. Contractor shall explain and describe the programs available to the Members and/or their families/guardian. 5.6.22. Contractor shall make a referral to or make an appointment with Member to complete Options Counseling in line with current contract guidelines if the Member would like more individualized guidance. 5.6.23. Contractor shall make a referral to Transition Coordination agency if Member states they are interested in a Community transition. 5.6.24. Contractor may work with any non -Medicaid Member that attends Group In -Reach as outlined in agency guidelines. 5.6.25. Contractor shall not screen out any Member for transition services. 5.6.26. Contractor shall explain all transition supports and services provided in the State, regardless of availability in the current region. 5.6.27. Contractor shall provide an overview of the transition coordination process with approximate timelines. Exhibit B-3, Statement of Work Page 20 of 24 5.6.28. Contactor shall inform Members if services are not available in the area that they reside and Members may relocate to a region with the available service. 5.6.29. Contractor shall present appropriate contact information for the CMA, RAE and TCA in the region. 5.6.30. Contractor shall make a referral to Options Counseling or Transition Coordination within two Business Days of completing a Group In -Reach meeting by using the prescribed referral process presented by the Department even if the same agency, or same Options Counselor completing Group In -Reach shall also complete Options Counseling. 5.6.31. Contractor shall complete Options Counseling Assessment at time of Group In -Reach if Member is interested in transitioning into the Community. 5.6.31.1. Options Counselor shall follow guidelines from in Section 5.2. 5.6.32. Contractor shall use guidelines for materials provided by the State to complete the Group In - Reach meeting to maintain continuity of information provided. 5.6.33. Qualifications and Training Requirements of Group In -Reach Counselor. 5.6.34. Contractor shall assign a Group In -Reach Counselor for each Nursing Facility in their contracted region. All Group In -Reach Counselors shall be assigned within four weeks of the Effective Date. 5.6.34.1. The Group In -Reach Counselor can facilitate Group In -Reach in one or more Nursing Facilities. 5.6.34.2. Contractor shall work to avoid any staffing conflicts of interests including utilizing Ombudsman to conduct Group In -Reach in facilities they oversee. 5.6.34.2.1. If Contractor foresees any conflict of interest for any staff during the contracting period, Contractor shall create a plan to mitigate these conflicts and submit it to the Department Representative for review and approval prior to the staff member starting work. 5.6.34.3. Contractor shall complete Group In -Reach Counselor training conducted by the Department. 5.6.34.4. Group In -Reach Counselor shall complete all required Department training prior to completion of any Group In -Reach meeting. 5.6.34.4.1. Contractor staff are required to retake training to address and remediate performance concerns as directed by the Department. 5.6.34.5. Contractor shall maintain supporting documents demonstrating Group In -Reach counselors attended required trainings and make the information available to the Department upon request. 5.6.34.6. 5.6.34.6.1. Participation can be at the time of the presented training or, if applicable, following the training using the materials available from the Department's website. 6. REPORTING REQUIREMENTS Exhibit B-3, Statement of Work Page 21 of 24 6.1. MDS Training Notification 6.1.1. Contractor shall inform the Department's Principal Representative via email when an assigned Options Counselor has completed the MDS training, by providing the first and last name of the Options Counselor. 6.2. Quarterly Referral Logs 6.2.1. Contractor shall complete a quarterly reporting spreadsheet, Quarterly Referral Logs, as provided by the Department, that covers the entire State Fiscal Quarter's activities. The Quarterly Referral Log shall include, at a minimum, the following: 6.2.1.1. Options Counseling Referral Logs, including the Transition Coordination Pending Referral List and any Member Referred to Options Counseling through a Group In -Reach meeting. 6.2.1.2. TCA Referral Logs, including all Members who received Options Counseling after being referred to a TCA. 6.2.1.3. Each Quarterly Referral Log shall report on the State Fiscal Quarter immediately preceding the Deliverable due date. 6.2.2. Contractor shall deliver the completed Quarterly Referral Logs to the Department for review and approval. 6.2.2.1. DELIVERABLE: Quarterly Referral Logs 6.2.2.2. DUE: Quarterly, by October 15th, January 15th, April 15th, and June 30th of each year 6.3. Group In -Reach Log 6.3.1. Contractor shall complete a monthly Group -In -Reach Log, as provided by the Department, that covers the entire month's Group In -Reach activities. The Group In -Reach Log shall include, at a minimum, the following: 6.3.1.1. Name of the Nursing Facility in which group was conducted. 6.3.1.2. Explanation of how Members, guardians Natural Supports were invited and notified of the purpose, date, and time of Group In -Reach meeting. 6.3.1.3. Date the meeting was held. 6.3.1.4. List of all attendees. 6.3.1.4.1. Members' names and date of birth. 6.3.1.4.2. Non- Members' names and date of birth. 6.3.1.4.3. Any person attending in support of a person residing in the Nursing Facility's name and relation to the person residing in the Nursing Facility. 6.3.1.5. Total number of attendees. 6.3.1.6. Total number of Medicaid Members in attendance. 6.3.1.7. Total number of non -Medicaid members in attendance. 6.3.1.8. Number of Natural Supports. 6.3.1.9. Total Number of Members that requested referrals to transition services. Exhibit B-3, Statement of Work Page 22 of 24 6.3.1.10. Number of Members who are not interested in Community Transition. 6.3.1.11. Report any Nursing Facility interference. 6.3.1.12. Indicate Members that requested a referral to transition services. 6.3.1.13. Indicate Members that requested a referral to Case Management Agencies for transition support. 6.3.1.14. Indicate Members that were undecided or did not want to transition into a Community. 6.3.1.15. Indicate Members that were engaged in Options Counseling. 6.3.2. Contractor shall document each rural Nursing Facility visited for the month reported on. 6.3.3. Contractor shall deliver the Group In -Reach Log to the Department for review and approval. 6.3.3.1. DELIVERABLE: Group In -Reach Log 6.3.3.2. DUE: Monthly, by the 15th of each month following the month for which the report covers. 7. COMPENSATION AND INVOICING 7.1. Compensation 7.1.1. Reimbursement for activities and services performed by the Contractor shall not exceed the maximum amount identified in the Contractor's individual allocation. Activities and services must be rendered during the State Fiscal Year. 7.1.2. The Department, in its sole discretion, may increase or decrease the Contractor's individual allocations under this Contract by notifying the Contractor's Representative. Increases or decreases in the amount of State funding during the term of this Contract may be made by written notice by the Department to the Contractor or by amendment of the Contract. The circumstances may include but shall not be limited to: 7.1.2.1. Closure of programs and/or termination of related contracts. 7.1.2.1.1. Delay or difficulty in implementing new programs or services. 7.1.2.1.2. Other special circumstances as deemed necessary by the Department. 7.1.2.1.3. Changes in Member utilization due to changing needs, new enrollments, terminations, and/or delays in services. 7.1.3. The Compensation under this Contract shall consist of a Quarterly Payment as described in Exhibit C-3, Rates. 7.1.4. Rural or Urban Designation The Department shall determine if Contractor is a Rural and Frontier, or an Urban agency. Contractor shall receive an additional payment for Rural Travel Add -On for Rural and Frontier Counties for the following activities only: Group In -Reach Meeting. 7.1.5. Quarterly Payment 7.1.5.1. Contractor shall receive a quarterly rate for each State Fiscal Quarter, subject to Contractor's performance of Options Counseling and delivery of approved Quarterly Report to the Department. Exhibit B-3, Statement of Work Page 23 of 24 7.1.5.2. If Contractor does not perform any Options Counseling in a Quarter, Contractor shall not receive the Quarterly Payment for that Quarter in which no Options Counseling occurred. 7.1.5.3. Contractor shall receive a quarterly rate for each State Fiscal Quarter, subject to Contractor's performance of Group In -Reach and delivery of approved Monthly Report to the Department. 7.1.5.4. If Contractor does not perform any Group In -Reach meetings in a Quarter, Contractor shall not receive the Quarterly Payment for that Quarter in which no Group In -Reach occurred. 7.2. Detailed Invoicing and Payment Procedures 7.2.1. Contractor shall invoice the Department on a quarterly basis, by the 15th of the month following the last month of the quarter for which the invoice covers. Contractor shall not invoice the Department for a quarter prior to the last month of that quarter. 7.2.1.1. Quarterly invoices for payment shall use the standardized template provided by the Department. 7.2.2. The Department shall remit payment to Contractor within 45 days of the Department's acceptance of the monthly and quarterly reports. Acceptance of an invoice shall not imply the acceptance or sufficiency of any work performed or Deliverables submitted to the Department during the month for which the invoice covers or any other month. The Department shall not make any payment on an invoice prior to its acceptance of that invoice. 7.2.3. In the event that the Contractor believes that the calculation or determination of any payment is incorrect, the Contractor shall notify the Department of the error within 30 days of receipt of the payment or notification of the determination of the incentive payment, as appropriate. The Department will review the information presented by Contractor and may make changes based on this review. The determination or calculation that results from the Department's review shall be final. No disputed payment shall be due until after the Department has concluded its review. 7.3. Closeout Payments 7.3.1. Notwithstanding anything to the contrary in this Contract, all payments for the final month of this Contract shall be paid to Contractor no sooner than 10 days after the Department has determined that Contractor has completed all of the requirements of the Closeout Period. Exhibit B-3, Statement of Work Page 24 of 24 REGION 2B WELD COUNTY AAA EXHIBIT C-3, RATES DELIVERABLES DATE DUE TO THE DEPARTMENT FIXED PRICE PAID UPON ACCEPTANCE OF DELIVERABLE Regional Outreach Plan No later than 60 days after Effective Date N/A Updated Regional Outreach Plan Annually, by the Friday before June 20. of each year N/A Regional Resource Document By September 15, 2024 $1,500.00 Updated Regional Resource Document Quarterly, by December 15. of each year $500.00 Updated Regional Resource Document Quarterly, by March 15. of each year $500.00 Updated Regional Resource Document Quarterly, by June 15. of each year $500.00 Group In -Reach Plan Annually, by September 15th of each year N/A Group In -Reach Presentation Annually, by September 1st of each year N/A Quarterly Referral Logs Quarterly, by October 15. of each year $4,127.55 Quarterly Referral Logs Quarterly, by January 15. of each year $4,127.56 Quarterly Referral Logs Quarterly, by April 15. of each year $4,127.56 Quarterly Referral Logs Quarterly, by June 30' of each year $4,127.56 Group In -Reach Log ($1,600.00 per Nursing Facility visit) Monthly, by the 15. of each month following the month for which the report covers Up to $16,00.00 Group In -Reach Log Nursing Facility Rural Travel Add -On (Additional $150.00 per Rural and Frontier Nursing Facility visit) Monthly, by the 15' of each month following the month for which the report covers Up to $0.00 Total $21,110.23 REGION 2B WELD COUNTY AAA EXHIBIT G, MEDICAID NURSING FACILITY LIST Region 2B - Weld County Broadview Health and Rehabilitation Center Fair Acres Manor, Inc. Life Care Center of Greeley Pelican Pointe Health and Rehabilitation Center Westlake Lodge Health and Rehabilitation Center Contract Form Entity Information Entity Name* COLORADO DEPT OF HEALTH CARE POLICY & FINANCING Entity ID" @00007174 Contract Name* Contract ID AGING AND DISABILITY RESOURCE OF COLORADO 8746 (ADRC) AGREEMENT AMENDMENT #4 20-139139A2 Contract Status CTB REVIEW Contract Lead SADAMS O New Entity? Parent Contract ID 20192177 Requires Board Approval YES Contract Lead Email Department Project # sadams@weld.gov;cobbx xlk@weld.gov Contract Description AGREEMENT AMENDMENT #4 - AGING AND DISABILITY RESOURCE OF COLORADO (ADRC) REGION 2B WELD COUNTY AREA AGENCY ON AGING AND HCPF. INCREASE MAXIMUM FUNDING FOR FY25 TO $21 ,1 10.23, AMEND EXHIBIT B-2, AMEND EXHIBIT C-2, ADD EXHIBIT G Contract Description 2 PA ROUTING THROUGH NORMAL APPROVAL PROCESS. ETA TO CTB 10/1/24. DOCUMENT WILL BE SIGNED VIA DOCUSIGN TO BOCC FOR SIGNATURE Contract Type * AMENDMENT Amount* $21,110.23 Renewable* NO Automatic Renewal Grant IGA Department Requested BOCC Agenda Due Date HUMAN SERVICES Date* 10/05/2024 10/09/2024 Department Email CM- HumanServices@weld.gov Department Head Email CM-HumanServices- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date* 04/30/2025 Committed Delivery Date Renewal Date Expiration Date* 06/30/2025 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel JAMIE ULRICH CHERYL PATTELLI MATTHEW CONROY DH Approved Date Finance Approved Date Legal Counsel Approved Date 10/03/2024 10/04/2024 10/07/2024 Final Approval BOCC Approved Tyler Ref # AG 100924 BOCC Signed Date Originator SADAMS BOCC Agenda Date 10/09/2024 Hello