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HomeMy WebLinkAbout072213_ca08Consent Agenda n 4 ~~~FE~.S[Jl'~ ~~~~ ~U~L,,IC EALT~I ~~ X15 Sheridan Street a Port Townsend o Washin ton o 8 68 .Mini. g .7 3 www.jefFersoncountypu blicheafth.org ,7une ~8, 2a~3 ,~EF~ER~ow cvun~T~r (]ARC) Qf ~t7U~VT1C CO~MMISS~QNERS AG~N[3~A I~EQ~EST ~~p: Board of C~awnty Gon~tmel~s~oners P1~illip Mvrley~ Ca~unty Adm~cr~istratar ~iRVM: Jean Baldwin, Director DATIE: ~-a d e~ ~~ ~ ~~.~ i SUH]~CT: Agenda stern _ Agency Agreement with Department of Social and Health Services for Developmental Disabilities Administration,(DDA) #~3f~3-9841 {formerly Division of Developmental Disabilities, DD®}; July 1, 213 ~ June 3B, 2D14x X333,811 STAT~M~II~T ~~ ASS E: Jefferson County Pubiiic Fleaith, Develaprnental Disabilities Division, is requesting Board approval of the Agency Agreement with Department of Social and i-iealth Services fer Developmental Disabilities Administration,~DDA) #x.363-7g84u formerly Division of Developmental Disabilities, DDD); Judy i, 2013 -June 30, 2oI4; $333,81b Al~R~LySI51STiltl4TiEG~C Gt?~-~.SIRiRC)'S and C©M`S: This contract is a continuation of services with DSHS for services tv clients with developmental disabilities in Jeffersari County. Tl1e contract covers a variety of services. The services include administration, training expenses (volunteers, beard members, and staff}, community information activities, consumer support (Early intervention services for Child development services for Birth to 3), Group Supported employment, Pre Vocatianal~ Services, Individual Supported 1=mployment, Individual Technical Assistance, Community Access, and other activities (special projects). The statement of work requires a~ qualified coordinator, advisory board, Intermediate Care Facilities agreement (where applicable) and assignment of Medicaid billing rights under Title ~CIX. Jefferson County has professional service subcontracts with agencies ar organizations representing each group.. Tile developmental disabilities program senvices provide edueativnal opportunities and life fang learning and training to a specific workforce, which allows tar natural interactions, equal opportunity, and integrated participation with non disabled community members. These services also support the strategic effort of sustainable economic base by recognizing the need for more integrated employment opportunities far persons with disabilities in order to bring up their economic reach and by supporting programs that emphasize and address prevention, early intervention,. recovery, and provide opportunities in avercaming community complexity by providing community outreach and activities in recognition of significant health issues far the disabled cgrnmuni~r. l3aE ELClI~N1ENITAL D15ABYLITIES PUBLIC HEALTH ENVrRrJNNlENTALHEALTH ALWAYS WQ~NIN~S F(3R ~ SAFER AN4 WATER QUALITY r4'1AIN: 1360) 385-9400 MAIN: {36{}} 385-9444 FAX: (360} 385=9401 HEALTHIER CAMAIIUHITY FAX: (360) 379-44$7 Consent agenda FISCAL iMpAC`F1CQ57 'BE~EFI7 ANALY5I~4 -- This is a contract with the Department of Suci~ai and Health Services and inciudes both State and C`ederal revenue, This revenue wiil be used to support programs in the Qevelopmental Disabilities programs. ~ECDN~~EN~ATID'~N. JCPFi management request approva9 of the Agency Agreement with Qepartment of Social and Health Services for Qevelopmental disabilities Administration,~QDA} #1363-x'9841 ~forrneriy Division of Qeveioprnentai Disabilities, QDD} July 1, 2813 -June 3a, 2[]i4; $333,811 REVI'3EVWED BY. _ -~ ` j` 1 `~j , J. slip Marry. unt~i ~ministrat~r Gate (R®uted to a1i Public i-ieaith Managers} IOSHS Agreement 'Number - ~. Q ~ ~T~ Wash~n ran Srwdc. I" BENT ~CYT- 1363-79841 I]EPAR /- ~~AA /A~ /'- CC ~J~ ^~ "~' ~~~1SERWI,~~S~H P~~~~a~lY~' 1~'1V~G~QbY1~~1 QQQ Caun~y Services This Program Agreement is by ar~d between tlae State of Washington Department of Adm'+nistx-ation or ©ivison Social and Health Services {DSHS] and the County identified below, and is issued in Agreement Dumber conjunction with a County and DSHS Agreement t7n General Terms and Conditions, i which is incorporated by reference. Coursty Agreement Number DSHS ADAAINISTRATIO~k DShIS DIVISION DSHS INpEX NUMBER DSHS CONTRACT CpDE Aging and Disability Services Division of 03evelapmental 12.2.3 '#76905-53 Administration Disabilities -- DSHS CONI ACT ~1~AME ANt~ TITLE iDSHS CONTACT AC]Df2ESS Luise Frank 6850 Capital Blvd Pro ram S ecialist Il t7l m ia, WA 985x1- - -- DSHS CONTACT TELEPHONE DSHS CONTACT FAX DS€~S CC7NTACT E-MAIL 360 725-4252 _ 36(} 586-fi502 framk€ dshs.wa. ov - CC3UNTY NAME COUNTY ADDRESS ~effersan County 515 Sheridan Sfi Dart T€rwrrsend, iNA 9$368- COUNTY FEDERAL EMPLOYER 1~3ENTIFICATION COUNTY CONTACT NAME NUMBER Julia ~~ansicin COLih1TY Cf]tJTAC7 TELEPHONE COUNTY CONTACT FAX COUNTY COIJTP,CT E-MAIL -850 385-9420 360 385-9401 'danskin co.°efferson.wa.us IS T~iE COUNTY A SU63REC1PIENT FOR PURPt]SES OF TINS PROGRAM CFDA NUh+iBERS AGREEMENT? No - RROGRAM AGftEEMEh1T START DATE f~RC]CsRAM AGRE'EfiR~NT END PATE MAXIMUM PROGRAM AGREEMENT AMOUNT 167!01!2013 06!30!2015 $333,811.00 EXHIBITS. The fallowing taxhibits are attached; Exhibit A -13a~a Security Requ'srerrtients and Exhibit 8 - Proc~rarln A reerrtent Bud et By their signatures below, the parties agree to the terms and conditions of this County Program Agreement and all documents incorporated. by reference. No other understandings ar representations, oral ar othenn+ise, regarding the subject matter of tkris Program Agreement shall be deemed to exist or bind the parties. The parties signing below certify that the are authorized to si n this Pro ram A reement. -- COuNTY SIGNATIJ'RE{S) PRINTED [VAI49E(S} AND TITLE{S) DATES} SIGNED DSHS SiG1JATLIR~E }~R4NTED NAME AND TITLE MATE SIGNED Sandra Dan"set, A'CS Contract Manager E~~ ~ ~ ~, 17SHS Central Contract Services 1 ~69CS County Agreemant 5-24-2f313 Faye , Special Terms and Canduti~ns De'finitivns Specific to Prograrx~ AgrEeFnent: The words and phrases listed below, as used yin this program Agreement, shall each have the following definitions: a. "Acuity Level° means the level of an individual's abilities and needs as determined through the DDA assessment. b. "AWA°` rrreans ADS Web Access also referred to as the CIvtIS. c. `°Additional Consumer Services" refers to indirect client service types as follows: ('I) °°Community Informs#ion anal education": Activities to inform andlor educate the general public about developmental disabilities and related services. These may include information and' referral services:, activities aimed at promoting public awareness and involveenentw and community consultation, capacity building and organization activities. i;2} `°Training": Ta increase the job rely#ed skills and knowledge of staff, providers, volunteers, ar interning students i~n the provision of services to people with developmental disabilities. Also to enhance program related skills of board or advisory beard members. ~3~ "Qther Activities" reserved for special projects and demonstrations categorized into the following types: ~a} Infrastructure projects. projects in support of clients (services not easily (racked! back to a specific working age client) or that directly benefit a clients} but the client is not of workin+g~ age. Examples include planning services like benefits planning and generic job development e.g. "Project Search." (b) Start-up projects: Projects that support an agency or direciiy benefit the agency. Bxarnples include equipment purchases and agency administrative support. ~cj Partnership projec#: Collaborative partnershilas with school districts, employment providers, D1fR, families, employees and other community collaborators needed to provide the employment supports and services young adults with developmental disabilities require to become employed during the Schaal year they turn 21. d. "ADS" means Aging & Disability Services. e. "`Authorized l~ser4s~" ar~eans an individual ar individ!uals with an authorized business requirement to access ^SI~IS Canfider~tial Information. f. "MARS" means DDA Budget and Accounting Reporting System. g "CSA" means County Service Authorization. h. '°CMlS" means the Case Management Information System also referred to as AWA. i. "Client" means a person. with a developmental disability as defined in Chapter 388-823 WAC who is currently eligible and active with Developmental Disabilities Administration. j "County" means the county ar counties entering into this Program Agreement.. k. "Canfidentiai Information" means information that is exerr~pt from disclosure to the public or other unauthorized persons under 'RC 42.56 or other federal or state laws. Confidential information includes, but not limited to, Personal informs#ion. DSHS G®ntrai Cc~rgtract 5erv4ces Page 2 1769CS County Agreement 5-Z~4e2013 Special Terms arad ~onditic~ns "Consumer Support" refers to direct client service types as follows: {1 } "Community Access"' or "CA": services are individualized services ;provided in typical integrated community settings fior individuals in retirement. Services will promote individualized skill development, independent living and community integration for persons' to learn haw to actively and independently engage in their local community. Activities will provide opportunities to develop relationships and to learn, practice and apply skills that result in greater independence and community inclusion.These services may be authorized instead of employment support {individual Employment, Group Supported Employment or Pre-Vocational services} for working age individuals who have received nine months of employment support, haven't found a job and decide not to continue looking for work. {2} "Child Development Services'° or "GDS"": Birth to three services are designed to meet the developmental needs of each child eligible and the needs of the family related to enhancing the child's development. Services may !include specialized instruction, speech-language pathology, occupational therapy, physical therapy, assistive technology, vision services and to the maximum extent appropriate are provided in natural environn7epts. {3} "individual Supported' Employment" or "lE": services are a part of an individual's pathway to emp4oyment and are tailored to individual needs, interests, abilities, and promote career development. These are ind~ividualized~ services necessary to help persons with developmental disabilities obtain and continue integrated employment at or above the state's minimum wage in the general wor}cforce. These services may include Uptake, discouery, assessment, job preparation, job marketing, Job supports, record keeping and support to maintain a job. {4} "Individualized Technical Assistance" or "!TA": services are a part of an individual's pathway to individual employment. This service provides assessment and consultation to the employment provider to identify and address existing barriers to employment. This is in addition to supports received through supported employment services or pre-vocational services for individuals who have not yet achieved their employment goal. (~} "Group Supported Employment" or °GSE": services are a part of an individual's pathway to integrated jobs in typical community employment. These services are intended to be short term and offer ongoing supervised employment for groups of na more than eight {8} workers with disabilities in the same setting. The service outcome is sustained paid employment leading to further career development in integrated employment at or above minimum wage. Examples include enckaves, mobile crews, and other business models employing small groups of workers with disabilities in integrated employment in conmunity settings. {6} "Pre-Vocational Services" or "PVS": services are a part of an individual's pathway to integrated jobs in typical community employment. These services and supports are intended to be short term apd should be designed to further habilitation goals that will lead to greater opportunites for competitive and integrated employment and career advancement at or above minimum wage. Services are provided by agencies established to provide services to people with disabilities and offer training and skill development for groups of workers with disabilities in the same setting as well. as individual support. Participants are provided the opportunity to experience typical community settings in support of their pursuit to integrated employment at least mopthly. m. "CRfUI" means the DDA Case Resource ft~anager. n. °`DD" means developmental disabilities. o. "DDA" means the Developmental Disabilities Administration within DSHS. I~S~iS Centra9 Contract Services Page 3 1769CS County Agreement ~-24-203 Special Terms and Conditions p "[][7A Region" means the l:7DA Regional office. q. "Encrypt" means to encode Confidential Inforrrrationinto a format that can only be read by these possessing a "key"; a password, digital certificate yr other mechanism available only to authorized users, Encryption must use a key length of at least 128 bits.. r. "Hardened Password" means a string of at least eight characters containing at beast one alphabetic character, at least one number and at least one special character such as an asterisk, ampersand. or exclamation point. s. "lSP" means the Individual Support flan, a document that authorizes and identifies the l~l]A ,paid services to meet a client's assessed needs.. t. "Personal information" means information identifiable to any person, including, bui not limited ta, information that relates to a person's Warne, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, Social Security Numbers, drivers license numbers, other identifying numbers, and any financial identifiers. u. "Physically Secure" means that access is restricted through physical r~neans to authorized individuals only. v. "Quality Assurance'° means an adherence to all Program Agreement requirements, including aI~A Policy fi.13, i=,r~,plvyrrrentlaay Program Provider Quafrficativns, County Guidelines and the Criteria for Evaluation, as well as a focus on reasonably expected levels of performance, quality, and practice. w. '"Quality lrr~provemenf" means a focus on activities to improve performance above minimum standards and reasonably expected levels of performance, quality and practice. x, "Secured Area" means an area to which only authorized representatives of the entity possessing the Confidential Information have access. Secured Areas may include buildings, rooms or locked storage containers =such as a filing cabinet} within a rvorn° as long as access to the Confidential l'nformativn is not available to unauthorized personnel. y '"Service Provider" is a qualified client service vendor who is contracted to provide Employment and t7ay Program services. z "Subcontractor°° is the service provider contracted by the County to provide consumer services. aa. "Tracking" means a retard keeping system that identifies when the sender begins delivery of Gonfidentiaf Information to the authorized and intended recipient, and when the sender receives confirmation of delivery from the authorized and intended recipient of Confidential Information. bb. "Trusted ysterrts°' include only the following methods of physical delivery: {1}hand-delivery by a person authorized to have access to the Confidential information with written acknowledgement of receipt; ~2} United States Postal Service ~°'USPS"} first class mail, ar USPS delivery services that include Tracking, such as Certified IUlail, Express Mail or Registered iVlail; (3} commercial delivery services (e.g. FedEx, lei='S, ^Hi_} which offer tracking and receipt confirmation; and (4} the 'J4'ashi~ngtvn State Campus mail system. For electronic transmission, the Washington State Gvvemmental Network [SGN} is a Trusted System for communications within that Network. cc. "'Unique User l~" means a string of characters that identifies a specific user and which, in conjunction with a password, passphrase or other mechanism, authenticates a user to an C7SHS Central Gorsfrael. S~rvE~s Page ~ 1 T69 C S Canty ,4~reernent 5-242[}13 Special ~°erms at~d Conditions information system. ~, Purpose: This Program Agreement is entered into between L7pA and the County in accordance with Chapter 71A.14 RCW. Its purpose is to advance the state legislative policy to provide a coordinated and corrrprehensive state and local program of services for' persons with developmental disabilities. Confidentiality: a. The County shall not use, publish, transfer, sell or otherwise disclose any Confidential lnforrnation gained by reason of this Program Agreement for any purpose that is not directly connected with the performance of the services contemplated hereunder, except: (1} As provided by law; or, ~2} In the case of Personal Information., as provided by law or with the prior written consent of the person or personal representative of the person who is the subject of the Personal Information. b. The County shall protect and maintain all Confidential Information gained by reason of this Program Agreement against unauthorized use, access, disclosure, modification or Ioss. This duty requires the County to employ reasonable security measures, which include restricting access to the Confidential Information by: (1 } Allowing access only to staff that have an authorized business requirement to view the Confidential' Information. ~2} Physically Securing any computers, documents, or other media containing the Confidential Information. (~} Ensure the security of Confidential Information transmitted via fax (facsimile} by verifying the recipient phone number to prevent accidental transmittal of Confidential lnforrraation to unauthorized persons. (~) When transporting six {6} to one hundred forty nine (149) retards containing Confidential Information, outside a Secure Area, do one or more of the following as appropriate: Via} Use a Trusted System. fib} Encrypt the Confidential information, including: i. Email andlor email attachments. ii. Confidential Information when it is stored on portable devices or media, including but not limited' to laptop computers, smart phones and flash memory devices. ~5} When transporting one hundred fifty (150} records or more containing Confidentia6 Information, outside a Secure Area refer to the requirements in Exhibit A - seta Security Requirements. ~6} Send paper documents containing Confidential Information via a Trusted System. t. To the extent aliowed by law,. at the end of the Program Agreement term, or when no longer needed, the parties shall return Confidential Information or certify irr writing the destruction of Confidential ~lnformat~ion upon written request by the other party. d. Paper documents with Confidential Information may be recycled through a contracted firm, ,provided. Q591S Central Contract Servkces Page ~ ~ 7fi9CS County Agreement ~-24-2013 Special Terms and Conditions the contract with the recycles specifies that the confidentiality of information will be protected, and the information destroyed through the recycling process. Paper documents captaining Confidential Information requiring special handling (e.g, protected' health information} must be destroyed. through shredding, pulping, or incineration. e. The compromise or potential compromise of Confidential information must be reported to the DSHS Contact designated on this Program Agreement within five [~) business days of discovery for 'breaches of Tess than 500 persons' protected data, and three (3) business days of discovery of breaches of over 500 persons' protected data, The parties must also tape actions to mitigate the risk of toss and comply with any notification or other requirements imposed by law. 4. Client Eligibility: Client eligibility and service referral are the responsibility of the ®DA pursuant to Chapter 3$$-823 WAC (Eligibility) and Chapter 888-82.5 WAC 4Service Rules). Daly persons referred by DDA shall be eligible for direct client services under this Program Agreement. It is DDA°s responsibility to determine and authorize the appropriate direct service(s) type. Direct client services provided without authorization are not reimbursable under this Program Agreement. 5, Credentials and 1Vlinirna~m '~equ~irenaents; a. Administration of the developmental disabilities County program cannot be subcontracted. b. Qualified DD Program Coordinator: A qualified DD program coordinator has a rninirnum of five years training and experience in the administration andJ or the delivery of developmental disabilities services to a community. For a county where the coordinator administers snore than one program area (Chemical Dependency, Mental Health, Developmentai Disabilities} training and experience in administration andlor a related ~iuman I Social service may be considered. c. Fiscally Responsible: The County must demonstrate the ability to safeguard public funds including maintaining books, records, documents and other materials relevant to the provision of goods and servlGes, d. Sufficient Policies and Procedures: Establish, and maintain adequate internal control systems: The County will maintain written policy procedura!1 manuals for information systems, personnel, and accountinglfinance in sufficient detail such that, operations can continue should staffing change or absences occur. e. BackgroundlCriminal I-listory Checl~; A backgroundlcriminal history ciearance is req€~ired every three years for a'I'I employees, subcontractors, andlor volunteers who may have unsupervised access to vulnerable DSF-IS ciie~nts, in accordance with RCW 43.43.83(3-&45, RCW 74.'15.03(), and Chapter 38806 WAC. If the entity reviewing the application elects to hire or retain an individual after receiving notice that the applicant has a conviction for an offense that would disqualify the applicant from having unsupervised access to vulnerable adults as defined in Chapter 7.34 RCW, then DDA shall deny payment for any subsequent services rendered icy the disqualified individual provider. The DSHS Background Check Central Unit ~BCCtJ} must be utilized to obtain background clearance. f. Qualified Advisory Board Members: A Developmental Disabilities advisory board shall include members knowledgeable about developmental! disabilities, 'No board member shall have a contract with the County to provide Training, Community Information Activities., Consumer Support, or Dther Services as defined in the DDA BARS Suappiement, and shat! pat be a board member, officer, or employee of an agency subcontracting with the County to provide suet services. QSHS GenEral Contract 5eevices ~'~~'~ 1759G5 G©unty A~r~ement 5-2~t-2013 Special Terms and Conditions g. ~Quaiified Service Providers: The County assures that all service providers meet qualifications as outlined in the DDA. Policy 6x.13, Program f'ro-rider i~ualifications. h. Moms and Community Based Waiver Services Assignment of Medicaid Billing Rights° The County assures that subcontractor has agreed to assign to DDA its Medicaid billing rights for services to Dl:?A clients eligible under Title XIX programs in this agreement. Written documentation shall be available to DSHS on request. i. Reporting Abuse and !Neglect: The County staff and its subcontractors who are mandated repor#ers under RCW 74.34.020(11), must corrrply with reporting requirements described in RCW 74.34.035, 040 and Chapter 26.44 RCW. if the County is notified by DENS that a subcontractor staff member is cited or an the registry for a substantiated finding then that associated staff will be prohibited from providing services under this Program Agreement.. j. Counties, who provide Chiid Development Services (birth to three early intervention services}, n7ust provide those services under the regulations implementing the Individuals with Disabilities Rducation Act (IDEA}, Part C and Washington State's Parly Support for !Infant and Toddler Federally Approved Plan. k. The County staff who performs on-site evaluations of subcontractor work sites wiil promptly report to DSHS per ^DA Policy 5.13, Pmfection from Abuse. Marrdafc~ry Reporting if: (1} They have reasonable cause to believe that abandonment, abuse, financial exploitation or neglect {as defined in RCW 74.34.020} of a person who 'has a developmental disability [as defined in RCW 71A.10.020} has occurred. ~2] if they have reason to suspect that sexual or physical assault of such a person has occurred, they shall also immediately report to the appropriate law enforcement agency. 6. Statement of VIlork; The County shall provide the services and staff, and otherwise do ail things necessary far or incidental t^ the performance of work, as set forth below. Wanking collaboratively, the parties shall administer DD services within the county as set Earth below; a. The DDA region shaiV; (1} Review subcontractors and shall irrtmediately notify the County of any disapproval of the subcontractors identified by the County. ~2} Inform and include the County in the discharge plane"rng of individuals Issuing institutions and returning to the community., and who will need program funding; {3} Inform the County of individuals who have had their waiver status changed; ~4} Work with the County when referring individuals for services; (5} .Inform client of service changes through Planned Action Notices}; ~6} Work with the County to document planned services its the Individual's Support Plan including notification of assessment dates; (7} Work with the County when terrrrinating services; and (i3) Work with the County on Spending Plan adjustments. r35HS Central Gontraci Services Page 7 1759CS County Agreement 5-2492013 Special' Terms arad~ Co~ditivns b. The County shall: {1 } Wark with the DDA Region when individuals are referred fvr services; {2} Wark with the DDA Region to document punned services in the Individual"s Support Flan; (3} Assist with inforrrring the Region of any potential service level changes not documented in the individual's DD Assessment prior to any changes; (4} Work with the DDA Region regarding service termination; (~} Wark with the DDA Region an Spending Plan adjustments; (6) Inform. the DDA Region of new providers tv be included on the CMIS system; (7} Notify the DDA Region of any intent to terminate a subcontractor who is serving a DDA referral; and. {$} Upon written request from the DDA Region, the County shall provide a copy of each subcontractor's contract. c. Compliance with BAR'S Policies: The County shall take any necessary and reasonable steps to comply with the currently effective DDA BARS Supplement manual incorporated by reference herein.. d. Carnply with the fallowing referenced documents found at DDA Internet site http Ilw~nrw1.dshs.~v~a.goyfD'DAlcaunties.shtml under „Counties": (1} 'DDA Policy 4.11 r, County Services far Working Age Adults; {2} WAC 3$$-$50, WAC $8$-82.8, VIIAC 388-845-0001, 0030, 0205,.0210, 0215, 0220, Ofi00-0$10, 1200-1210, 1400-1410, 2100, 2110; {3) Criteria far ~valuatian; (4} County Guidelines; and {5} Disability Rights of Washington (formerly Washington Protection and ,Advocacy System} Access Agreement. e. Develop and submit a comprehensive plan far the County DD Services as required by WAC 3$$- $50-020. Conveyance of The estimated Dumber of People to be Served and Targeted Outcomes: The County shall submit the Service Information Farms {S!'1='s} {provided by DDA at Internet site http llvdtivwvl dshs.wa.~ovfdddlcounties.shtml~ to indicate the estimated number of peapVe to be served, targeted outcomes, acrd identified goals} that focus on quality improverrrent within the categories of Training, Community Information, Direct Client Services, and Other Activities within 30 days of execution of the Program Agreement. Once approved, the SIF outcomes may be modified only by mutual agreement of the County and the DDA Region. g. Solicitation far qualified Dmplayment and Day Program Service Providers: Request far Proposals {RI=Ps}, Request for Qualifications {RFQ's} ar Request for Information {BFI's} fvr direct services will be issued at a minimum of once ever7r four years. The County wil6 establish a clear process fvr' DSfiS CentraN Cantr~ct Services Page ~ 1769CS County Agreement 5-24x2.013 Special Terms and Ccrnditivns soliciting new providers. If a client°s needs cannot be met by the current qualified providers, then the County may issue an RPQ prior to the four year cycle. h. A qualified provider must be a county ar an individual ar agency contracted with a county ar DDA. Regional Approval of Subcontractors: The DDA Region she'll review new subcontractors and shall immediately notify the County of arty disapproval of the subcontractors identified by the County. }. 5ubcantractors. The County will pass on all applicable contractual requirements that are between ^DA and the County to the subcontractor. The County shall immediately notify the DDA Region of the County°s intent to terminate a subcontractor who is serving a C]DA referral k. Initiate a contract with qualified Employment and Day V'rograrn Service Providers for consumer support services that incV'ude the foll~rwing program outcomes: ('V} Community Access service support Fours per mantV~ will be based an the client's Community Access Acuity per'1I11AC. fie} To ensure heaVth and safety, positive image and relationships in the community, increase competence and individualized ski1V building, and other expected benefits of Community Access, services wiVl occur individually or in a group of no more than 2 or 3 individuals with similar interest and needs. fib} Community Access services wiVl focus on activities that are typically experienced by the general public. Support to participate in segregated activities andlor specialized activities will not be reimbursed. [c} A client receiving Cammun~ity Access services will net receive employment support simu~ltanevusly. (d} A client receiving community access services may at any time choose to pursue work and tv receive employment support. (2} C'fents in an employment program will be supported to work towards a living wage. A living. wage is the annount needed to enable an individual to meet ar exceed his or her living expenses. Clients should average twenty (2(}} 'hours of community work per week or eighty-six fi86} hours per month. The amount of service a client receives will tye bused on hislher demonstrated need, acuity level and work history.. fi3} The provider wiVl clearly communicate to the client and the County, prior to beginning service or an expected change in the maximum service hours per month, the client can expect to receive.. Service changes will not occur until the client has received proper notification from DDA. (a} The client's DDA lSP is the driver for service. The CiJS County 'Service Authorization and updated Planned Rates information will not exceed the client's ^V3A ISP. (b} The amount of service the client receives should match with the CIVIIS County Service Authorization and updated Planned Rates information D5h~5 Central Cvntravt Serv"eves Page ~ 176QCS County Agreement 5-24-2013 Special Terms and Conditions {4} All clients will. have an individualized plan to identify client's preferences. Minimum plan elements are outlined in the reference document "`Criteria for an Evaluation". A copy of the client's individualized plan will be provided to their CRM, guardian and others as appropriate. ~~) Semi-annual progress reports that describe the outcomes of activities will be provided by the provider or the county to CRM's, guardian and others as appropriate. The report will summarize the progress rrrade towards the clients individualized goals. (6} All clients will be contacted by their service provider according tv client need and at least once per month. {7} If clients in Individual Employment, Group Supported Employment, or Prevocational services have not obtairsed paid employment at minimum wage or better within slx t6} months the County will assure the following steps are taken. ~a} Review of the progress towards employment goals; fib} Provide evidence of consultation with the familylclient; and ~c} Develop additional strategies with the tamilylclient, county staff, employment support staff and the case manager. Strategies may include providing technical assistance, changing to a new provider, anddor providing additional resources as needed to support the individua1's pursuit of employment. The additionallnew strategies will be documented for each client and kept in the client°s file{s}. (8} lf, after twelve {12} months the client remains unemployed, an additional review will be conducted. The provider will address steps outlined in the previous six month progress report in the next six month progress report. Tire clien# may request to participate in Community Access activities or the client can choose to remaCn in an employment program. When requesting to participate in Community Access services,.. tyre client shall communicate directly with his or her DDA Case Manager. The ^DA Case Manager is responsible for authorizing Community ACCeS$ servlG@s. {9} For Group Supported Employment it is expected' that clients have paid work 1 paid training. The totaV number of direct service staff hours provided tv the group should be at least the group's collective amount of i~ndividua'l support monthly base hours. If the direct service staff hours are less than the collective amount, then the provider will be reimbursed only for the number of hours staff provided. {1D} For Prevocational services it is expected that clients receive training and skill development in groups as well as individual support in the community. The total !number of direct service staff hours provided to the group should be at least the group's collective amount of individual support monthly base h~vurs. If the direct service staff hours are less than the collective amount, then the provider will be reimbursed only for the number of hours staff provided. l., Availability of Con#ract: Upon written request from the DDA Region, the County shall provide a copy of each subcontractor`s contract. m, Limitation to the'~JVaiver services: The County will act in accordance with AC 3~8-84~ by rrronitoring the client's yearly waiver limits for consumer support services for Employment & Day. n, quality Assurance and Service Evaluation: The County shall develop and have available an evaluation system to review services. The evaluation system will incorporate quality Assurance t3SF#5 Centfiad Contract Services Page 'EO 11E9CS County Agreement 5-24x2.013 Special 7errr~s and Ganditis~ns items as defined. and Quality Improvement measures. A copy of such eva}cation system shall be provided upon request to f7[7A for review and approval, o. On-Site Evaluation: The County shall evaluate and review services delivered to reasonably assure compliance and quality. The County shall conduct at least one onsite visit to each subcontractor during the biennium. The County shall maintain written documentation of all evaluations, recommendations and corrective action plans for each subcontractor. Copies of such documentation will be provided to the i~i;~A Office upon request. p. Work with local GC advisory groups to plan for and coordinate services. q, Participate in the Association of County Human Service "'ACHS" meetings. r. Use the CMIS data system for all billing requests, service provider address and phone number maintenance, evaluation dates artd to provide employment outcome information. (1} monthly provide al'I data described in the Billing Instructions and in the Employment Outcomes Instructions incorporated by reference. (2} Assure integrity of data submitted to state. When data is submitted and rejected due to errors or [titer an error is identified, County will correct and resubmsit within thirty days. 7. Gansiderafivn: a. Fees (1} Approva9 of Fees is the I~(~A Responsibility: The 17t7A Region reserves the right to approve feeslrates for the services being provided. The County will submit a feelrate schedule with the initial Program Agreement. The County will submit updated feelrate schedules to the f~BA Region for approval as Changes occur- The rate schedule will include the following information: {a) Cour~ty(s} Name; [b} Time period the schedule 'ss applicable; ~C} €aCh contracted direct services CIE, GSE, PVS, CA, ITA, and CDS} and its associated rate. ~2} Fee Limitations: The B~]A is setting lir-nitations on the Dourly Rate for each direct service. The Rates are as follows: (a} Emplc~yrnent services will not exceed an hourly rate of $90.(}Q. i. Irsdividual Employment should not exceed $75.fDDlhr. ii. Group Supported Employment should not exceed $65.~(3fhr. iii. Prevocational services should not exceed $55.fl[}fhr. (b} Community Access will not exceed an hourly rate of $3f?.00. ~c) C'hild pevelvpment will not exceed a monthly rate of $5(]4.D0. b. Exhibit B -Budget and Spending flan aS~iS Central Contract Services Pale 11 1769CS County Agreement 5-24-2~~3 Special Terms and Conditions (1} Budget amount listed in I~xhibit ~ -The County may not exceed the state revenue dollar amount or the total revenue dollar amount indicated on the Program Budget Agreement "Exhibit B". The federal revenue dollar arrlOUnt may be exceeded to accommodate clients mowing from state-only emplioyment and day to waiver employment. and day services.. {2} Spending Plan: DDA will provide the initial Spending Plan. The spending plan shall be distributed at the BARS expenditure element code fever as well as allocated under State, Medicaid and Proviso and shall function as a lineitem 'budget for expenditures under this agreement. The allocation and planned expenditures for Consumer Support {BARS 60 series} should be based on client numbers and Proviso allocations as well as planned additional consumer services expenditures. Spending plan may only be modified by mutual agreement of the parties in writing and may not require a contract ara'rendment. c. Client Funding: Funds will follow clients if they move andfor choose a qualified provider in a different county. The client funding amount will be based an that client"s historical employment„ acuity level and the County classification plus administration. Negotiation far client funding between the receiving and sending counties, Yncluding the DDA Regional office, is permissible. d. If a County provides Community Information and Education services under additional consumer services, then activities must include Outreach efforts tO federally recognized R'ocal tribes. e, Funds Designated for Adult Day Care Consumers: Funds designated for Adult Day Care Consumers are available to clients who were served between December 1996 and December 2x03 in Adult Day Health. agencies and were subsequently determined ineligible for Levels II or 111 services (Adult Day Health}. Level ll and III services are licensed rehabYlitation and skilled nursing services along with sociahiza#ion. Level I services {Adult Day Care} are supervised day programs where frail. and disabled adults can participate in social, educational, and recreational programs without the need for skilled nursing. These clients may be referred to services defined in the statement of work., or to an Adult Day Care service other than Levey ll or Ill. if a client. is nO longer needing and wanting services„ the funds are available for other clients who are not part of the original group of clients identified between December 1906 and 2D03. An Adult Day Care service shall only be provided by Adult Day Care agencies certified by the local Area Agency on Aging. Adult Day Care service is not a waiver approved service. f, Exemptions -The DDA Assistant Secretary may approve in writing an exemption to a specific program agreement requirement, $, filling and Payment. a. Program Agreement Budget: DSHS shall pay tf~e County all allowable costs, as defined in the current DDA Budget AceOUnting and Reporting System (BARS} Manual Supplement. Reimbursement for tare Fiscal Rear shall not exceed the total amount listed in 'ExhYbYt B to this Program Agreement. However, with a Program Agreement amendment, the parties may increase or decrease the Program Agreement amount.. b. Monthly Invoice with Documentation: All requests for reimbursement amounts must be entered and posted into the CMIS system. The Contractor may post a combined claim of all programsiservices covered by this agreement... DSHS shall make all payments due to the Contractor for all invoices submitted pursuant to tars section within sixty {60) days following posted information Between the period ,July 1, 2013 and December 31, 2x13 all requests for reimbursement by the Contractor for performance hereunder must be submitted on a DSHS A-19 invoice with required documentation that includes the'BYlling Summary generated through the CMIS system. The A~19 ^SFlS Central Contract Services Page 12 17~~C5 County Agreement 5-~4-2013 Special ~ersns ar~d Conditions and the Bi1iing Summary arnaunts must match or the Region may request a corrected billing. DSHS shall make all payments dtae to the Contractor for all invoices submitted pursuant. to this section within sixty ~6D} days fallowing receipt of each such invoice. c, It is an expectation that all clients access DVR fund%ng as a resource. Client services shall not be reimbursed under this Program Agreement when the same services are paid for under the Rehabilitation Act of 1873 ~DVR}, P.L,'34~142 (Public Education}, yr any other source of public or private funding. d. Reirr~bursernent of client services: A claim for each individual is made an the CMIS system ~by indicating the number of service units delivered to each individual listed and the fee per unit, A unit is defined as: ~1} An "Hain' is at least fifty X50} minutes of direct service. Partial hour to tine quarter may be recorded; ar (2} A °`Day" is at least four hours of direct service and will only be used in connection with Adult Day Care (ADC} reimbursement. (3} A "Month"' represents a minimum of 1 service visit which is at least fifty {541} minutes of direct service for Child Development Services {CDS} reimbursement. e. Program Administration :The County will provide program administration and may bill for administrative costs allowed under BARS 543$.1tJ and as identified in Exhibit B. Administrative costs will not exceed 7~'J® of the total combined allocation for Consumer Support and Other Consumer Support services (BARS 3t}, 4(}, 64], 90}, unless the director of DDA approves a request for an exception under Chapter 388-850 WAC. Monthly claims for administrative costs will be 1f12 of the maximum Administration amount identified in Exhibit B. f. Employment Phases & Billable Activities document define the individual client service DDA reimburses . That docurrrent is located on the DSHS DDA County Best Practices Web site - http:Ifvvww.dshs.wa.govldddfcounties.shtmll g. Coo^nmunity Access Billable Activities document define the individual client service DDA reimburses. That document is located on the DSHS DDA County Best Practices Web site - http:flwvvw~dshs.wa.govldddfcaunties.shtm. Timeliness of and Modifcation to Billings: All initial invoices with documentation must be received by the DDA Region within sixty ~5Q} calendar days following the last day of the month in which the service is provided. Corrected invoices and' documentation included re-posted billing information will be accepted throughout the fiscal year as long as they are received within sixty (6(1} calendar days of the associated fiscal year unless an extension is approved by the DDA Regional Administrator or designee. Payment will not be made an any invoice submitted past the 430 calendar days of the Program Agreement fiscal year. i. 'Recovery of Fees; If the County bills and is ,paid fees far services that DSHS later finds were (a} not delivered or (b} not delivered in accordance with Program Agreement standards, DSHS shall recover the fees for these services and County shall fully cooperate during the recovery. 9, Intermediate Care Facilities far Inteliectua! Disabilities ~1CFflQ} Agreement. if applicable per 42 CFR 483.41[1, the County shall assure that all county-operated or subcontracted programs serving persons living in ICFf1D facilities develop a plan and coordinate their services with the facility on behalf C]SHS Central Contract Services ~~~~ ~ ~ ~7fi9CS Co~snty Agreement 5-24-2013 Special Terms and Conditions of the ICFII~ resident. C?DA wi11 supply a list of 1C1=11©residents who have a day program to the County. 10. Singie Stag: Medicaid Agency-Health Care Authority +{HCA3: HCA, as the single state Medicaid Agency, has administrative authority for Titie XVX coverage per 42 CFR 431.1 D. ^51~5 is the operating agency for the Horne and Community Sased Waivers of services for people with developmental disabilities The County only has responsibility for services covered in this agreement. 11, pSHSIDR-uIV Access Agreement: The CRW February 27, 2001 Access Agreement with l3DA is incorporated by reference, The County assures that it and its subcontractors Dave reviewed the AGGess Agreement. The agreement covers t]RW's access to individuals with developmental disabilities, clients, programs and records, outreach activities, authority to investigate allegations of abuse and neglect, other miscellaneous matters, and is binding for all providers of 1~17A contracted SerViGes. ~DSt~S Centra9 Contract Serudces Page 14 1769CS County Agreement 5-2G-203 Exhilait A ~- Data 5ec~rity requirements pefinitions. The words and phrases listed below, as used in this 1=xhibit, shall each have the following definitions:: a. Authorized User(s)" means an individual or individuals with an authorized business requirement to access DShS Confidential Information. b. "hardened Password" means a string of at least eight characters containing at least one alphabetic character, at least. ^ne number and at least one special character such as an asterisk, ampersand or exclamation point. c. "Unique User lD"' means a string of characters that identifies a specific user and which, in con1unction with a password, passphrase or other mechanism, authenticates a user to an inforrr~ation system. 2, pate Transport. When transporting DSHS Confidential Information electronically, including via email, the Data will be protected by: a. Transporting the Data within the (State Governmental Network} SGN or Contractor's internal network, or,. b. Encrypting any Data that will be in transit outside the SGN or Contractor`s interne! network. This includes transit. over the public Internet. 3„ Protection of Data. The Contractor agrees to stare Data an one or mote of the following media and protect the Data as described: a. Hard desk drives. Data stored on local workstation hard disks. Access to the Data will be restricted to Authorized Users} by requiring Isogon to the local workstation using a Unique User lD and l~lardened Password or other authentication mechanisms which provide equal or greater security, such as biometrics or smart cards. b. T-tetwork server desks. data stored on hard disks mounted on network servers and made available through shared folders. Access to the Data will be restricted to AuthorizedUsers through the use of access control Fists which will grant access only after the Authorized User has authenticated to the network using a Unique User IU and hardened Password or other authentication mechanisms which provide equal or greater security, such as biometrics or smart cards. data on disks mounted to such servers must be located in an area which is accessible only #o authorized personnel, with access controlled through use of a key, card key, combination lock, or comparable mechanism. For DShiS Confidential Information stored on these disks, deleting unneeded Data is sufficient as Fong as the disks remain in a Secured Area and otherwise meet the requirements listed in the above paragraph. Destruction of the Data as outlined in Section 5. Data bisposition may be deferred until the disks are retired, replaced, or otherwise taken out of the Secured Area. pptical discs CDs or DVDs~ in focal workstation optical disc drives. Data provided by DSl-lS on optical discs which will be used in local workstation optical disc drives and which wib~i~ not be transported out of a Secured Area. When root in use for the contracted purpose, such discs must be locked in a drawer, cabinet or other container to which only Authorized Users leave the key, combination or mechanism required.. to access the contents of the container. Workstations which access DShS Data on optical discs must be located in an area which is accessible only to authorized' personnel, with access controlled through use of a key, card key, combination lock, or comparable mechanism. C3SHS Central Contract Services Page 35 17~~C5 County Agreement ~-24-203 d. Qptical discs CDs yr DVN]sy in drives ar ~uM1ceboxes attached to servers, Data provided by DSI~I'S an optical discs which will be attached to network servers and which wi~li not be transported out of a Secured Area. Access to Data on these discs wily be restricted to Authorized Users through the use of access control Nists which will grant access only after the Authorized User has authenticated to the network using a'Unique User 1'D and Hardened Password ar other authentication mechanisms which provide equal or greater security, such as biometrics or smart cards. Data an discs attached to such servers must be placated in an area which is accessible only to authorized personnel,. with access controlled through use of a key„ card key, combination lack, ar corrrparable mechanism. e. Paper documents. Any paper records mmust be protected by staring the records in a Secured Area which is only accessible to authorized personnel, When not in use, such records must be stored in a locked container, such as a file cabinet, locking drawer, or safe, to which only authorized persons have access. Remote Access. Access to and use of the Data over the State Governmental Network (SGN} ar Secure Access Washington (SAW} will be cantralled by DSHS staff who will issue authentication credentia9~s (e.g. a tJnique User I^ and Hardened Password} to Authorized Users on Contractor staff. Contractor wilN notify DSHS staff immediately whenever an Authorized User in possession of such credentials is terminated or otherwise leaves the employ of the Contractor, and whenever an Authorized User's duties change such that the Authorized User nD longer requires access to perform work for this Contract. g. data storage on portable devices ar media. ~1} Except where otherwise specified herein, iDSHS ^ata shall not be stored by the Contractor on portable devices or media unNess specifically authorized within the terms and conditions of the Contract. ill so authorized, the Data shalN be given the following protections: (a} Encrypt the Data vsrith a key length of at least '128 bits fib} Control access to devices with a Unique User ID and Hardened Password or stronger authentication method such. as a physical' token or biometrics. (c} ManualNy Nock devices whenever they are left unattended and set devices to lack automatically after a period of inactivity, if this feature is available. Maximum period of inactlVity is ~'~ mlr7Ute5. Physically Secure the portable devices} andfor media by ~d} Keeping therm in Socked storage when not irr use (e} Using check-inlcheck-out procedures when. they are shared, and. {f} faking frequent inventories ~2} WVl~sen being transported autside of a Secured Area, portable devices and media with DSHS Confidential Information must be under the physical control of Contractor staff with authorization to access the Bata, ~3} Portable devices include, but are not limited tae smart phones, tablets, flash memory devices (e.g. USB flash drives, personal media players}, portable hard disks, and laptaplnatebaaklnetbaok computers if these computers may be transported' autside of a Secured Area. DSHS Central Gt~ntract Services sage ~~ 1769CS C©unty A~reer~ent ~-24-2t]93 {4} F~ortable media includes, but is not limited to; optical media {e.g. CDs, DVDs}, rriagnetic media {e.g. floppy disks,.. tape}, or flash media {e.g. Compact lash, SD, MMG}, h. Data storetf' far backup purpvs~es. {1 } [7SFi5 data may be stored on portable media as part of a Contractor's existing, dc~cur~nented backup process for business continuity or disaster recaveny purposes. Such storage is authorized until such time as that reed€a would be reused during the course of normal backup operations. If backup media is retired while ^SHS Confidential Inforrnatir~n still exists upon it, such media will be destroyed at that time in accordance with the disposition requirements in Section 5. Data Disposition (~} DSHS Data may be stared on non-portable media {e,g. Storage Area Network drives, virtual media, etc.) as part of a Contractor's existing,. documented backup process for business continuity or disaster recovery purposes. If so, such media will be protected as otherwise described. in this exhibit. If this media is retired while DSHS Confidential Information still exists upon it, the data wily be destroyed at that time in accordance with the dispos"stun requirements in Section 5. Data Disposition. 4. Data Secdregattan. a. DSHS Data must be segregated ar otherwise distinguishable from non-DSHS data. This is to ensure that when nv longer needed by the Contractor, all DSHS Data can be identified for return or destruction. It also aids in determining whether DSHS Data has or may have been compromised in the event of a security breach. As such, one or more of the following methods will be used for data segregation. b, DSHS Data will be kept on media {e.g. 'hard disk, optical disc, tape, etc.) which will contain nv non- DSH'S Data. Andlar, c. DSHS Data will be stored in a logical container on electronic media, such as a partition or folder dedicated to DSHS Data. Andlor, d. DSHS Data will t7e stared in a database which will contain no non-DSHS data. Andlar, e. DSHS Data will be stored within a database and will be distinguishable from non-DSHS data by the value of a specific field or fields within database records. f. When stored as physical paper documents, IDSHS Data will be physically segregated from non- DSHS data. in a drawer, folder, or other container. g, When it is not feasible or practical to segregate DSHS Data from non-DSHS data, then both the DSHS Data and the r~on-DSHS data with which it is commingled mast be protected as described in this exhibit. ~. Data Disposltitrn. When the contracted work has been completed ar when no longer needed, except as noted in ~.b above, Data shall be returned to DSHS ar destroyed. Media on which Data may be stored and associated acceptable methods of destruction are as follows; Da#~ s#oreci on: VII~II ~~ destro wed b Server or workstattort hard disks, or Using a ".`wipe" utility which will overwrite the Data at least three {3} times using either randorrt or single Remflvable media {e.g. floppies„ I~SB flash drives, character data, or oortable hard disks} excluding optical discs _ DSHS Central Contract Services Page 17 17~9CS County Agreerraent 5-2~-013 Degaussing sufficiently tv ensure that the Data cannot be reconstructed,. ar i"'h sicall destro in the disk Paper documents with sensitive or Confidential Recyciing through a contracted firm provided the lnformation contract with the recycler assures that the confidentialit of Data will be rotected. Paper documents containing Confidentiail Information On-site shredding, pulping, or incineration requiring special. handling (e.g. protected health information Optical discs [e.g. CDs or DVQs) Incineration, shredding, or completely defacing the readable surface with a coarse abrasive Magnetic to a ^e aussin , incineratin or crosscut shreddin 6. Notification of Compromise or Potential Compromise. "fhe compromise or potential compromise of DSHS shared Data.. must be reported to the DSt-IS Contact designated. in the Contract within one ('€) business day of discovery. If no DSF~S Contact is designated in the Contract,. then the notification must be reported to the DSHS Privacy Officer at dshsprivacyofficer~a dshs.wa.gav. Contractor must also take actions to mitigate the risk of loss and comply with any notifcation or other requirements imposed by law or DSHS. ~'. pate shared with Subcontractors. if DSHS Data provided under this Contract is to be shared with a subcontractor, the Contract with the subcontractor must include all of the data security provisions within this Contract and within any amendments, attaclnrnents, or exhibits within this Contract. if the Contractor cannot protect the Data as articulated within this Contract, then the contract with the sub- Contractor must tae sutamtted to the DSHS Contact specified for this contract for review and approval 1:35~t5 Central Contract Services gage ~~ ~7C~C5 County Agreement 5-24-213 ~XE~#BIT B Program Agreement Bur~get Qri~inai budget Budget Rerrisian REVEI~~~S 'Fiscal Year SARS Revenue Cade _ Fund Sauree qri rnal - 1~t Revision ~"`' Revision ~~~ Revision 338 State 1'87,29 338 Federal 146„~15 Tatal $333,811 ~ $ ~ ~C~UI~TY` ~'Y 14 SPi=N~]iNG PLAN SARS Pfanned Expenditures ,1E3 ADMI~IISTRAT1C7tJ State Funds 13,103 Medicaid Funds _ 8,735 ' TOTAL 21,838 90 f]THER CClNStJMi=R S~PP~R~S 4~} 30 23,82 _ 1S,O1~8_ 39,77Q --- , . , . . - _ 60 COI~SVJMER StIPPQRT . STp~'E-pNLI( 12,9 60 12,9EC1 .S1 Ci'rild Qeve4a merit _ - 15,499 15,499 NiEplCAI[3 CL{EFTS 121,872 121,872 243,744 _ RO~Ai]S to CC1MfUIlDPfITY L1VfI~G 1'JA NA ~A T'Cb~AL 187,296 146,515 333,811 See Paragraph 7, ~. ~2~ regarding spending pian adjustments. 'DSHS Certitral Cantract Services Pale 19 176905 Cour~Ey Agreemenf 5-24-2©13