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HomeMy WebLinkAbout20174163MEMORANDUM TO: Department of Human Services DATE: September 18, 2020 FROM: Clerk to the Board's Office SUBJECT: Tyler Document #2017-4163 Final signatures were not obtained by the parties required to fully execute Tyler Document #2017-4163, approved by the Weld County Board of Commissioners on December 13, 2017. Due to the prolonged delay in obtaining final signatures, the Clerk to the Board's Office has deemed it prudent to close this item out. This memorandum will be added to the Commissioners' files to demonstrate this document was not fully executed. QO17-91C9,3 KRooBrg RESOLUTION RE: APPROVE AGREEMENT AMENDMENT #1 FOR AGING AND DISABILITY RESOURCE OF 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 a Contract Amendment #1 for Aging and Disability Resource of 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, 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 the Contract Amendment #1 for Aging and Disability (ADRC) Transition - Relates 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:I-ISD al /22/.20 2017-4163 HR0088 RE: AMENDMENT #1 FOR ADRC TRANSITION RELATED REFFERALS AND OPTIONS COUNSELING PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of December, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: �j�a��W/ �C,11�►•� Weld County Clerk to the Board BY `Beauty Clerk to the Board APPAS ounty Attorney Date of signature: Ira I `109 Steve Moreno, Pro-Tem • Sean P. Conway (raj,. lateerenv--- arbara Kirkmeyer 2017-4163 HR0088 o_ibn4ro..c.# ZU ts"-1 PRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE: November 17, 2017 TO: Board of County Commissioners — Pass -Around FR: Judy A. Griego, Director, Human Services RE: Weld County Department of Human Services' ADRC-Transition Related Referrals and Options Counseling Contract Amendment No. I Please review and indicate if you would like a work session prior to placing this item on the Board's agenda. Request Board Approval of the Departments' ADRC-Transition Related Referrals and Options Counseling Contract Amendment No. 1. The Original agreement, entered into in 2015, identified as 2015-0831, between the Aging and Disability Resource of Colorado (ADRC) Region 2 B Weld County Area Agency on Aging and the Colorado Department of Health Care Policy and Financing (HCPF), is being amended by the State as follows: The ADRC, a program that exists within the Area Agency on Aging, will now be required to provide Options Counseling to residents in nursing homes who have formally indicated through the process a desire to leave the nursing home and relocate to a community setting, even if the resident is not considered a good candidate for community placement. The amendment further clarifies the membership makeup of the Transition Committee, required under the agreement. All other terms of the agreement remain the same. I do not recommend a Work Session. I recommend approval of this Amendment. Sean P. Conway Julie A. Cozad, Chair Mike Freeman Barbara Kirkmeyer Steve Moreno, Pro -Tern Approve Schedule Recommendation Work Session Other/Comments: 2017-4163 Pass -Around Memorandum; November 17, 2017 — ID 1547 Page 1 I'D/ 13 HOgg Contract Number 2015001865A1 CONTRACT AMENDMENT NO. 1 Original Contract Number 2015001865 1. PARTIES This Amendment to the above -referenced Original Contract (hereinafter called the "Contract") is entered into by and between Region 2B Weld County Area Agency on Aging, 315 C. N. 11th Avenue, Greeley, Colorado 80631, (hereinafter called "Contractor") and the STATE OF COLORADO, acting by and through the Department of Health Care Policy and Financing, 1570 Grant Street, Denver, Colorado 80203 (hereinafter called "Department" or "State"). 2. EFFECTIVE DATE AND ENFORCEABILITY This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the "Effective Date"). The Department shall not be liable to pay or reimburse Contractor for any performance hereunder, including, but not limited to, costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. 3. FACTUAL RECITALS The Parties entered into the Contract to enable an ADRC site to respond to Minimum Data Set (MDS) 3.0 Section Q referrals and provide options counseling to those nursing home residents referred. The purpose of this Amendment is to update the Statement of Work to modify how the incentive payments function. 4. CONSIDERATION The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Amendment. 5. LIMITS OF EFFECT This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendments thereto, if any, remain in full force and effect except as specifically modified herein. 6. MODIFICATIONS The Contract and all prior amendments thereto, if any, are modified as follows: A. Section 16, Notices and Representatives, contact For the State is hereby deleted in its entirety and replaced with the following: For the State: Teresa Nguyen Department of Health Care Policy and Financing 1570 Grant Street Denver, Colorado 80203 Teresa.Nguyen@state.co.us Page 1 of 3 9Oli- (-1 1 cc3Ci) H RoO' & . B. Exhibit A, Statement of Work, is hereby deleted in its entirety and replaced with Exhibit Al, Statement of Work, attached hereto and incorporated by reference in to the Contract. All references within the Contract to Exhibit A shall be deemed to reference Exhibit Al. 7. START DATE This Amendment shall take effect on its Effective Date. 8. ORDER OF PRECEDENCE Except for the Special Provisions and the HIPAA Business Associates Addendum, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Contract, the provisions of this Amendment shall in all respects supersede, govern, and control. The most recent version of the Special Provisions incorporated into the Contract or any amendment shall always control other provisions in the Contract or any amendments. 9. AVAILABLE FUNDS Financial obligations of the state payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, or otherwise made available to the Department by the federal government, state government and/or grantor. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 2 of 3 Contract Number 2015001865A1 THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and acknowledge that the State is relying on their representations to that effect. By: CONTRACTOR: Region 2B Weld County Area Agency on Aging Signature of Author' e • Officer PEC 1 3 2017 Date: Julie A. Cozad STATE OF COLORADO: John W. Hickenlooper, Governor By: Susan E. Birch, MBA, BSN, RN Executive Director Department of Health Care Policy and Financing Date: LEGAL REVIEW: Printed Name of Authorized Officer Cynthia H. Coffman, Attorney General By: Chair, Board of Weld County Commissioners Printed Title of Authorized Officer Date: ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER: Robert Jaros, CPA, MBA, JD By: Department of Health Care Policy and Financing Date: Page 3 of 3 aor�- 41fo3Cl) Contract Routing Number 2015001865A1 EXHIBIT Al, STATEMENT OF WORK 1. CONTRACTOR'S GENERAL REQUIREMENTS 1.1. Deliverables 1.1.1. All deliverables shall meet Department -approved format and content requirements. The Department will specify the number of copies and media for each deliverable. 1.1.2. Each deliverable will follow the deliverable submission process as follows: 1.1.2.1. The Contractor shall submit each deliverable to the Department for review and approval. 1.1.2.2. The Department will review the deliverable and may direct the Contractor to make changes to the deliverable. The Contractor shall make all changes within five (5) Business Days following the Department's direction to make the change unless the Department provides a longer period in writing. 1.1.2.2.1. Changes the Department may 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 that was left out of the deliverable. 1.1.2.2.2. The Department may also direct the Contractor to provide clarification or provide a walkthrough of each deliverable to assist the Department in its review. The Contractor shall provide the clarification or walkthrough as directed by the Department. 1.1.2.3. Once the Department has received an acceptable version of the deliverable, including all changes directed by the Department, the Department will notify the Contractor of its acceptance of the deliverable in writing. A deliverable shall not be deemed accepted prior to the Department's notice to the Contractor of its acceptance of that deliverable. 1.1.3. The Contractor shall employ an internal quality control process to ensure that all deliverables, documents and calculations are complete, accurate, easy to understand and of high quality. The Contractor shall provide deliverables that, at a minimum, are responsive to the specific requirements for that deliverable, organized into a logical order, contain no spelling or grammatical errors, are formatted uniformly and contain accurate information and correct calculations. The Contractor shall retain all draft and marked -up documents and checklists utilized in reviewing deliverables for reference as directed by the Department. 1.1.4. In the event that any due date for a deliverable falls on a day that is not a Business Day, then the due date shall be automatically extended to the next Business Day, unless otherwise directed by the Department. 1.1.5. 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 Exhibit Al Page 1 of 12 considered to be in Mountain Time, adjusted for Daylight Saving Time as appropriate, unless specifically stated otherwise. 1.1.6. No deliverable, report, data, procedure or system created by the Contractor for the Department that is necessary to fulfilling the Contractor's responsibilities under the Contract, as determined by the Department, shall be considered proprietary. 1.1.7. If any deliverable contains ongoing responsibilities or requirements for the Contractor, such as deliverables that are plans, policies or procedures, then the Contractor shall comply with all requirements of the most recently approved version of that deliverable. The 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. 1.1.7.1. Any deliverable described as an update of another deliverable shall be considered a version of the original deliverable for the purposes of this subsection. 1.2. Stated Deliverables and Performance Standards 1.2.1. 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 deliverables. The sections with these headings are not intended to expand or limit the requirements or responsibilities related to any deliverable or performance standard. 1.3. Communication Requirements 1.3.1. Communication Requirements with the Department 1.3.1.1. The Contractor shall enable all Contractor staff to exchange documents and electronic files with the Department staff in compatible formats. The Department currently uses Microsoft Office 2013 for PC. If the Contractor uses a compatible program that is not Microsoft Office 2013 for PC, then the Contractor shall ensure that all documents or files delivered to the Department are completely transferrable and reviewable, without error, on the Department's systems. 1.4. Transmittal Process 1.4.1. The Department will use a transmittal process to provide the Contractor with official direction within the scope of the Contract. The Contractor shall comply with all direction contained within a completed transmittal. For a transmittal to be considered complete, it shall include, at a minimum, all of the following: 1.4.1.1. The date the transmittal will be effective. 1.4.1.2. Direction to the Contractor regarding performance under the Contract. 1.4.1.3. A due date or timeline by which the Contractor shall comply with the direction contained in the transmittal. 1.4.1.4. The signature of the Department employee who has been designated to sign transmittals. Exhibit Al Page 2 of 12 1.4.2. The Department will provide the 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 the 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 the Contractor through a transmittal. 1.4.3. The Department may deliver a completed transmittal to the Contractor in hard copy, as a scanned attachment to an email or through a dedicated communication system, if such a system is available. 1.4.4. If the Contractor receives conflicting transmittals, the 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. 1.4.5. In the event that the 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. 1.4.6. 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. 1.4.7. The Parties shall retain all transmittals for reference and shall provide copies of any transmittals upon request. 1.5. Data Use Addendum 1.5.1. The Contractor shall agree to and provide signatures for CMS -R -0235a, Data Use Agreement Addendum to receive MDS identifiable data to support Options Counseling and referral Services as described in Exhibit D. The Contractor shall ensure that all Subcontractors agree to and provide signatures for CMS -R -0235a, Data Use Agreement Addendum. 1.5.2. The Contractor shall deliver a copy of the signed CMS -R -0235a, Data Use Agreement Addendum to the Department. 1.5.2.1. DELIVERABLE: Signed CMS -R -0235a, Data Use Agreement Addendum 1.5.2.2. DUE: No later than January 01, 2017 2. PERSONNEL AND MEETING REQUIREMENTS 2.1. Department Staff 2.1.1. Department Staff from both the Department of Human Services (DHS) and the Department of Health Care Policy and Financing (HCPF) will coordinate communications with the 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. 2.2. Meeting Requirements Exhibit Al Page 3of12 2.2.1. The Contractor shall attend monthly CCT transition meetings 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 clients, consumers and long term care facility staff. The 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, Case Management Agencies (CMAs), Transition Coordination Agencies (TCAs) and sub- contracted ILCs. 2.2.2. The Contractor's ADRC site, CMAs, ILCs and TCAs shall work to establish a standard meeting schedule based on the local needs of the Contractor. 2.2.3. The Contractor's ADRC site, sub -contracted ILCs, CMAs, and TCAs may meet regularly outside of the scheduled monthly meeting at the Contractor's discretion for the purposes of coordinating efforts and resolving issues at a local level. 3. DEPARTMENT SUPPORT AND RESPONSIBILITIES 3.1. 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 Colorado Choice Transitions (CCT) and other transition services, to respond to all Minimum Data Set (MDS) Section Q referrals and provide options counseling to nursing home residents in the ADRC coverage area. Section Q of the MDS provides a process that, if followed correctly, gives the resident a direct voice in expressing preference and gives the facility means to assist residents in locating and transitioning to the most integrated setting. 3.2. The Department will designate ADRC sites as the Local Contact Agencies (LCAs). 3.3. The Department will inform all nursing facilities and transition coordinators in the coverage area that the ADRC in the Contractor's coverage area shall serve as the LCA. 3.4. The Department will make available an online MDS Section Q training for Options Counselors, nursing facility staff and transition coordinators. 3.5. The Department will provide ongoing technical assistance regarding outreach activities and the referral and transition processes to the ADRC sites, sub -contracted ILCs, TCAs, and CMAs through monthly CCT transitions meetings and technical assistance calls. 3.6. The Department shall make available relevant MDS data to the Contractor to support ADRC planning and activities in response to Section Q referrals. 4. ADRC COVERAGE AREA 4.1. The ADRC sites shall manage all referrals locally from nursing homes in the following counties: Weld. 5. PRIMARY RESPONSIBILITIES: OPTIONS COUNSELING 5.1. The Contractor shall provide options counseling following the requirements included in this section. 5.2. The Contractor's ADRC site staff shall use options counseling standards identified in the ADRC Policy and Procedure Manual provided by the Department, to facilitate the MDS Section Q referral process and referrals to the CCT program. Exhibit Al Page 4 of 12 5.2.1. The Contractor shall use the ADRC Policy and Procedure Manual to determine the minimum qualifications for options counseling for ADRC staff and sub -contractors. 5.3. The Contractor's ADRC staff shall provide options counseling to the following groups: 5.3.1. Residents using Medicaid referred through the MDS Section Q process. 5.3.2. Residents using Medicaid referred through the Department. 5.3.3. Residents using Medicaid referred through self -referrals. 5.3.4. Residents using Medicaid referred through service providers, advocates and/or family members. 5.4. The Contractor and all Subcontractors shall assign a staff member as an Options Counselor for residents. All Options Counselors shall be assigned by January 1, 2015. 5.5. The Contractor's ADRC staff Options Counselors shall meet the referred residents in the resident's nursing home within ten (10) business days of the referral. 5.5.1. The Contractor shall adhere to all nursing facility rules and regulations including those pertaining to visitors in the facility. 5.6. The Contractor shall make the referral to a Subcontractor, when applicable, within two (2) business days after receiving the client referral for options counseling. 5.7. The Contractor shall ensure that the Subcontractor responds to the referred resident in the resident's nursing facility within eight (8) business days after receiving the referral from the Contractor. 5.7.1. The Contractor shall ensure all subcontractors adhere to all nursing facility rules and regulations including those pertaining to visitors in the facility. 5.8. The Contractor shall ensure that the Options Counselors counsel residents who are enrolled in the Medicaid program and wish to transition to the community. 5.8.1. The residents shall have the choice of any of the following programs through Medicaid: 5.8.1.1. A home and community based waiver program (HCBS). 5.8.1.2. Program for All-inclusive Care for the Elderly (PACE), where available. 5.8.1.3. CCT. 5.9. The Contractor shall ensure that the Options Counselor, for those residents interested in CCT, explain the program and complete the Informed Consent Form with the resident client or their legal guardian. 5.9.1. The Department will provide a Informed Consent Form template to the Contractor. 5.10. The Contractor shall ensure that the Options Counselor make a referral to a local transition coordination agency if the Medicaid client wishes to proceed with the transition process. 5.10.1. The Contractor shall ensure that the Options Counselor does not screen out a client for transition services. 5.10.2. The Contractor shall ensure that the Options Counselor informs the client of the available TCAs and Intensive Case Management (ICM) Agencies in the local area that can work Exhibit Al Page 5of12 with the client to determine if a transition is feasible and allow the client to choose an agency. 5.10.3. The Contractor shall ensure that the Options Counselor leaves the appropriate contact information of the chosen TCA for each client or designated person. 5.10.4. The Contractor shall ensure that the Options Counselor makes a referral to a local TCA by sending the following forms, which are provided by the Department, to a local TCA of the client's choosing immediately upon signature: 5.10.4.1. Completed Options Counseling Referral Information Form; 5.10.4.2. Completed Informed Consent Form (if client meets the eligibility criteria and has chosen CCT); and 5.10.4.3. Options Counseling Assessment. 5.10.5. The Contractor shall ensure that the Options Counselor sends a completed Informed Consent Form and Options Counseling Assessment to the Department within twenty- four (24) hours upon signature by the client. 5.10.5.1. In the case that client is not an eligible candidate for CCT or Community Transition Services through Medicaid, the Options Counselor shall inform him or her of the alternative options, and make proper referrals based on the client's status. 5.10.6. The Contractor shall ensure that one hundred percent (100%) of residents referred through Section Q and/or by the Department receives options counseling. This includes: 5.10.6.1. MDS Section Q0500B "yes" and Q0600 "yes -referral made" responses. 5.10.6.2. MDS Section Q0500B "yes" and Q0600 "no -referral is or may be needed" responses. 5.10.6.3. MDS Section Q0500B "yes" and Q0600 "no -referral not needed" responses. 5.10.6.4. Departmental referrals from the CCT Community Liaison. 5.10.7. The Contractor and its Subcontractors shall ensure that one hundred percent (100%) of options counseling provided follows national and state standards for options counseling. 5.10.8. The Contractor shall ensure that one hundred percent (100%) of Colorado Choice Transitions (CCT) eligible residents who desire to continue with transitioning are referred to a local Transition Coordination Agency. 5.10.9. The Contractor shall ensure that the ADRC site participates in a statewide monthly CCT technical assistance conference call to troubleshoot common issues and share best practices in the referral and transition process. 5.10.10. If the resources are available to the Contractor, the selected ADRC site shall establish a referral relationship with local agencies serving veterans. This relationship structure shall be subject to Department approval. 6. SECONDARY RESPONSIBILITIES: REGIONAL TRANSITION COMMITTEE DEVELOPMENT 6.1. The Contractor shall convene and facilitate a Regional Transition Committee (RTC) to support community transitions by partnering with other agencies and organizations to Exhibit Al Page 6 of 12 improve coordination and delivery of Medicaid services that assist an individual to remain in the community and enhance the person's quality of life. 6.2. The Contractor shall establish or assume responsibility for a RTC within ninety (90) days of the Effective Date. 6.3. The Department shall provide ADRC Directors with training and resources for convening and maintaining a RTC. 6.4. RTCs shall prepare a Strategy Plan to support the transition goals of the region. RTCs shall ensure the Plan is updated annually. 6.4.1. DELIVERABLE: RTC Strategy Plan 6.4.2. DUE: Within ninety (90) days following the Effective Date and annually thereafter. 6.5. RTCs shall submit a quarterly RTC status report, on the progress of goals identified in the Strategy Plan to the Department. 6.5.1 The RTC status report shall document the Contractor's efforts to recruit RTC members from the groups listed in section 6.5.2. and submit it to the Department as part of the Quarterly RTC Status Reports. 6.5.1.1. This report shall include the following: 6.5.1.1.1. List of community partners contacted 6.5.1.1.2. Method of contact (phone call, meeting, email) 6.5.1.1.3. List of newly recruited members 6.5.1.1.4. Summary of communication 6.5.1.1.5. Reason community partner(s) declined to participate 6.5.2. RTC Membership shall include, but is not limited to, representatives from the following perspectives: 6.5.2.1. ADRC Site. 6.5.2.2. Clients/Families. 6.5.2.3. Community Centered Boards. 6.5.2.4. Community Providers. 6.5.2.5. Landlords. 6.5.2.6. Local Housing Authorities. 6.5.2.7. Nursing Facilities. 6.5.2.8. Local Businesses. 6.5.2.9. Local Government. 6.5.2.10. Ombudsmen. 6.5.2.11. Single Entry Points. 6.5.2.12. Transition Coordination Agencies. Exhibit Al Page 7 of 12 6.5.2.13. RTC Membership shall consist of fifty -percent (50%) of providers and fifty -percent (50%) of non -providers in the community. 6.6. RTCs shall submit a quarterly RTC status report, on the progress of goals identified in the Strategy Plan to the Department. 6.6.1. DELIVERABLE: Quarterly RTC Status Report 6.6.2. DUE: within the timeframes described in section 10 of this Contract. 7. ADRC OUTREACH RESPONSIBILITIES TO QUALIFY FOR PERFORMANCE INCENTIVE 7.1. The Contractor shall develop and submit an Outreach Plan to the Department for review. 7.1.1. The Regional Outreach Plan shall include all of the following: 7.1.1.1. An outline of the Contractor's proposed efforts to increase referrals for options counseling and community transitions. The Contractor may include any outreach activity approved by the Department. The Department will provide a list of potential outreach activities to the Contractor. 7.1.1.2. All performance standards, timelines and milestones the Contractor will meet related to regional outreach as well as any deliverables the Contractor will submit. 7.1.2. The Contractor shall deliver the Regional Outreach Plan to the Department for review and approval. 7.1.2.1. DELIVERABLE: Outreach Plan 7.1.2.2. DUE: Sixty (60) days after the Effective Date. 7.1.3. The Contractor shall update the Regional Outreach Plan annually and deliver a copy to the Department for review and approval. 7.1.3.1. DELIVERABLE: Updated Regional Outreach Plan 7.1.3.2. DUE: No later than October 31, 2017 7.2. The Contractor's ADRC sites shall conduct outreach efforts in accordance to the Department approved Outreach Plan to qualify for the performance incentive payment. 7.2.1. Target audiences for outreach activities shall include, but are not limited to: 7.2.1.1. Potential clients. 7.2.1.2. Families/guardians. 7.2.1.3. Nursing facility staff. 7.2.1.4. Housing authorities. 7.2.1.5. Landlords. 7.2.1.6. General members of the public. 7.2.1.7. Local businesses. 7.2.1.8. Local government. Exhibit Al Page 8 of 12 7.2.2. The Contractor shall provide ongoing Section Q outreach, training and education to nursing facility staff and transition coordination agencies. 8. SUB -CONTRACT WITH ILCS 8.1. The Contractor may subcontract with an ILC to support outreach activities and options counseling to nursing home residents if an ILC is established in the Contractor's coverage area. 8.2. If the Contractor subcontracts with an ILC, the ILC shall provide options counseling in accordance with the established ADRC policies and procedures and state standards. 8.3. The Contractor shall include the ILC performance data in the required reports identified in section 10. 8.4. In the event that an ILC does not wish to subcontract with the Contractor, the Contractor shall provide documentation indicating that the ILC has opted out. 8.5. The Contractor shall inform the Department if the Contractor establishes a subcontract with an ILC. 8.6. The Contractor may earn an administrative rate for each calendar quarter in which the Contractor subcontracts with an ILC. For the purposes of this rate, the Contractor shall be considered to have contracted with an ILC during the quarter if the Contractor has subcontracted with the ILC for the entire quarter. The Contractor shall provide a copy of the subcontract to the Department. 8.7. Written notification of termination of a subcontract shall be provided to the Department ten (10) working days prior to the contract termination unless the Department allows for a shorter period in writing. 8.7.1. PERFORMANCE STANDARD: Subcontracted with an ILC during the calendar quarter. 9. PERFORMANCE INCENTIVE PROGRAM 9.1. The Contractor may earn an incentive payment as described in this Section 9. 9.2. MDS Referral Contact Incentive 9.2.1. The Contractor may earn an MDS Referral Contact Incentive Payment in the 3rd quarter of the contract period of the Contract if the Contractor fulfills the ADRC outreach responsibilities to qualify for incentive, by executing the strategies contained in the most recently approved Outreach Plan. Prior to the 4th quarter, the Contractor shall deliver the following documentation to the Department. 9.2.1.1. Outreach Strategies completed. 9.2.1.2. Outcomes from outreach strategies. 9.2.2. To determine whether the Contractor qualified for the MDS Referral Contact Incentive, the Department will review and compare the documentations provided in requirement 9.2.1. against the most recently approved Outreach Plan. 10. REPORTING Exhibit Al Page 9 of 12 10.1. The Contractor shall complete all reports in this section using the forms and formats provided by the Department. 10.2. The Contractor shall inform the Department via e-mail when the assigned Options Counselors have completed the MDS training. 10.2.1. The Contractor shall provide the first and last name of each individual that has completed the MDS training. 10.3. The Contractor shall create and deliver to the Department monthly referral logs that cover the previous month's activity. 10.3.1. DELIVERABLE: Monthly Referral Logs 10.3.2. DUE: By the 15th of each month 10.4. The Contractor shall create the following reports on a quarterly basis: 10.4.1. ADRC Data Report. 10.4.2. Outreach Report for Performance Incentive. 10.4.3. RTC Status Report for Performance Incentive. 10.5. The Contractor shall deliver to the Department the reports listed in Section 10.4. for review and approval. 10.5.1. DELIVERABLE: Quarterly Reports 10.5.2. DUE: Fifteen (15) calendar days following the end of the fiscal quarter that the report covers 11. COMPENSATION 11.1. The compensation under this Contract shall consist of a fixed quarterly rate and incentive payments as described in Exhibit B3, Rates. 11.1.1. Quarterly Payment 11.1.1.1. The Contractor shall receive a base quarterly rate for each State fiscal quarter. 11.1.2. Incentive Payment 11.1.2.1. 11.1.2.1.1. 11.1.2.1.2. 11.1.2.1.3. The Department shall pay the Contractor an Incentive Payment for each incentive standard it meets during the applicable Reporting Period. The Contractor may earn a one-time Performance Incentive at the end of each State Fiscal Year. The Department will split the Performance Incentive Pool amongst the contractors that have documented and performed outreach and RTC activities, as outlined in Section 6 and 7. In the event that the Contractor has met all incentives by the end of the 3rd quarter of the State Fiscal Year, and there is funding available in the Performance Incentive Pool for that State Fiscal Year, the Department shall pay the Contractor a Performance Incentive Payment for that State Fiscal Year. The amount of a Performance Incentive Payment for any State Fiscal Year will be determined by the Department at the Department's sole discretion. The Department Exhibit Al Page 10 of 12 may add any amounts for a Performance Incentive Payment to this Contract through the use of an Option Letter. 11.1.2.2. The first payment under this Contract shall coincide with the execution of the ADRC Section Q Options Counseling Scope of Work and the Effective Date of this Contract. 11.1.2.3. The Contractor shall submit quarterly invoices for payment using the standardized template provided by the Department. 11.1.2.3.1. An invoice shall not be deemed accepted prior to the Department's notice to the Contractor of its acceptance. 11.1.2.4. The Department shall pay the Contractor an Incentive Payment as shown in Exhibit B3 for each Reporting Period that the Contractor meets the requirements for that incentive. 11.1.3. Annual Incentive Pool Payment 11.1.3.1. The Department will create an Annual Incentive Pool each SFY. The Annual Incentive Pool shall include the following: 11.1.3.2. The total amount of all base incentive payments allocated to any ADRC that selected to not participate in the Incentive program for that SFY. 11.1.3.3. Each of the base incentive payments that were not earned by an ADRC during a Reporting Period in that SFY. 11.1.3.3.1. In the event that the Annual Incentive Pool is zero dollars ($0.00) for any SFY, the Contractor shall not receive an Annual Incentive Pool Payment for that SFY. 11.2. The Department will create an MDS Referral Contact Pool each SFY that includes one hundred percent (100 %) of the Annual Incentive Pool for that SFY. Outreach deliverables submitted to the Department will qualify each region for the Annual Incentive Pool. 11.2.1.1. The Department will distribute the annual incentive pool to the Contractor as follows: 11.2.1.1.1. All distribution amounts for each incentive standard for a SFY under this section 11.1.3.5. will be determined by the Department based on the Contractor's allocation in proportion to all allocations of other counties that also met that incentive standard during both Reporting Periods during that SFY. 11.2.1.1.1.1. In no event, will the Contractor's distribution from any pool in this section 11.1.3.5. during a SFY exceed the lesser of the Pool Maximum for that pool shown in Exhibit B1, Rates for that SFY or the Contractor's actual share expenditure. 11.2.1.1.2. If the Contractor met the ADRC outreach responsibilities to qualify for performance incentive during a SFY, then the Department will distribute the Annual Incentive Pool to the Contractor. 11.2.1.1.3. The Department shall pay the Contractor an Annual Incentive Pool Payment equal to the sum of the Contractor's distribution of the incentive pool, once those distributions are determined by the Department. 11.3. The Contractor shall submit quarterly invoices for payment using the standardized template provided by the Department. 12. PAYMENT Exhibit Al Page 11 of 12 12.1. The Department shall remit payment to the Contractor within forty-five (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. 12.2. 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 thirty (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 the 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. 12.3. All payments for the final month of the Contract shall be paid to the Contractor no sooner than ten (10) days after the Department has determined that the Contractor has completed all of the requirements of the Contract. Exhibit A 1 Page 12 of 12 Hello