Request for Proposals: Mental Health Case Management Services for Adults

Transcription

1 Request for Proposals: Mental Health Case Management Services for Adults Release Date: September 22, 2014 Due Date: October 27, 2014 Behavioral Health System Baltimore, Inc. One North Charles Street, Suite 1300 Baltimore, Maryland

2 TABLE OF CONTENTS I. Overview of the Project...3 A. BHS Baltimore s Goals and Objectives...3 B. Scope of Service...4 C. Target Population...5 D. Staffing Requirements...6 E. Program Monitoring and Evaluation...7 F. Program Reporting and Outcomes...7 II. Overview of the Request for Proposals...9 A. Purpose of the RFP...9 B. Applicant Eligibility...9 C. Proposal Timeframe and Specifications...10 D. Award of Contract...11 E. RFP Postponement/Cancellation...11 F. Applicant Appeal Rights...11 III. Format and Content of Proposal...12 A. Proposal Instructions...12 B. Proposal Narrative Outline...12 IV. Evaluation and Conditions of Proposals...15 A. Rating Criteria...15 V. Attachments (separate documents) A. Contract Template B. Proposal Template 2

3 A. BHS Baltimore s Goals and Objectives Request for Proposals Mental Health Case Management for Adults I. OVERVIEW OF THE PROJECT Behavioral Health System Baltimore, Inc. (BHS Baltimore) is a non-profit agency established by Baltimore City to manage the City s public behavioral health system. In October 2013, BHS Baltimore was created through the merger of Baltimore Mental Health Systems and Baltimore Substance Abuse Systems to integrate the previously separate mental health and substance use disorder systems. As such, BHS Baltimore serves as the local behavioral health authority and Core Service Agency (CSA) for Baltimore City. In this role, BHS Baltimore envisions a city where people live and thrive in communities that promote and support behavioral health and wellness. BHS Baltimore is committed to enhancing the behavioral health and wellness of individuals, families, and communities through: The promotion of behavioral health and wellness, prevention, early intervention, treatment, and recovery; The creation and leadership of an integrated network of providers that promotes universal access to comprehensive, data-driven services; and Advocacy and leadership of behavioral health-related efforts to align resources, programs and policy. Through this Request for Proposals (RFP), BHS Baltimore is seeking qualified organizations interested in providing Mental Health Case Management services to adult residents of Baltimore City. Case management services play an integral role in assisting individuals to navigate complex public systems. Specifically, these services assist individuals with identifying and enrolling in needed behavioral health care, obtaining benefits and entitlements, and assuring that needed supports are in place to help people thrive in the community. BHS Baltimore is committed to selecting case management providers that are particularly dedicated to providing high quality, culturally and linguistically competent care that is responsive to the diverse needs of vulnerable populations. Providers will need to meet or exceed the Federal and State Medicaid standards for Targeted Case Management services; adhere to the Code of Maryland Regulations 1 (COMAR) pertaining to Mental Health Case Management, including but not limited to Section ; and fulfill the requirements of BHS Baltimore as set forth in this RFP. 1 COMAR can be accessed at 3

4 B. Scope of Service The main goals of Mental Health Case Management services are to improve the overall quality of the lives of consumers served and to promote their long-term recovery. A primary focus of these services is to minimize the use of unnecessary inpatient and institutional-based care by increasing consumers stability in the community. In order to attain these goals, the core components of Mental Health Case Management services include, but are not limited to psychosocial assessment to determine strengths and service needs; linkage to resources, including housing; linkage to entitlements/benefits; linkage to behavioral and somatic health care; assistance in developing social support systems and monitoring of engagement in services. As soon as consumers are enrolled in services, Mental Health Case Management programs should be actively working to promote consumers long-term stability. Programs should assist consumers to identify strengths, skills, and ongoing resources to address needs with the eventual goal of successfully transitioning consumers to a lower level of care. Mental Health Case Management providers selected through this RFP will provide the following services through the Medicaid reimbursement system as outlined in COMAR Please refer to this section of COMAR for the full descriptions of each of these services. Comprehensive Assessment and Periodic Reassessment Development and Periodic Revision of a Specific Care Plan Referral and Related Activities Monitoring and Follow-Up Activities Participant Advocacy Two levels of Mental Health Case Management services exist to best meet individuals needs. Consumers should be provided services under one of these classifications based on the medical necessity criteria outlined in ValueOptions Provider Manual 2 COMAR : Level I General: provides a minimum of one and a maximum of two units of service each month. Level II Intensive: provides a minimum of two and a maximum of five units of service each month. Due to the unique needs of Baltimore City residents as well as the unique opportunities available in Baltimore City, BHS Baltimore has additional requirements not specified in COMAR. BHS Baltimore is committed to promoting integrated behavioral health care whenever possible. Therefore, Mental Health Case Management providers selected through this RFP will be required to screen for substance use and link to appropriate care for assessment, diagnosis, treatment, and recovery supports. Whenever available, consumers with co-occurring mental health and substance use disorders should be referred to treatment providers using an integrated behavioral health treatment model. 2 Available at 4

5 In an effort to make the public behavioral health system as responsive as possible to the needs of Baltimore City residents, BHS Baltimore expects that providers will expand their programs to meet the demand, rather than maintaining wait lists with long wait times. Part of effectively managing a program s caseload should include working with consumers to improve stability to a point where case management services are no longer needed. Finally, BHS Baltimore expects that Mental Health Case Management service providers will have far-reaching and flexible referral processes. Providers selected through this RFP will develop outreach plans to market these services to systems and organizations that serve people who may benefit from these services. Additionally, individuals should have opportunities to selfrefer. The referral process should be straightforward and convenient for referral sources, allowing non-professionals (such as consumers or family members) to refer for services. Please also note that consumers currently enrolled in Mental Health Case Management programs not selected through this RFP must be given priority for admission by providers that are selected. C. Target Population All referred individuals who meet the medical necessity criteria for adults (18+) set forth in COMAR must be served by the selected Mental Health Case Management programs. In general, individuals are eligible for these services if they meet the eligibility criteria for Maryland Medical Assistance according to COMAR ; have a serious and persistent mental health disorder; and are at risk of inpatient psychiatric treatment, homelessness, or incarceration (or will be released from incarceration). BHS Baltimore also requests that providers give priority to individuals who may be particularly vulnerable to or at risk of adverse outcomes without these services in place. Giving these individuals priority means using your best clinical judgment to identify and quickly admit individuals who may be considered one of these priority populations. Providers should make special efforts to reach out to and enroll these populations. These populations include, but are not limited to individuals who: Are not linked to mental health services; Are lacking basic support such as shelter, food, and income; Have Shelter Plus Care vouchers and need case management to maintain their housing; Are transitioning from one level of care to another; Do not have insurance; Are being released from an inpatient psychiatric unit, state psychiatric hospital, residential crisis unit, or emergency department; Are being released or diverted from incarceration by a Department of Public Safety and Correctional Services (DPSCS) facility, the Forensic Alternative Services Team (FAST), or specialty court; 5

6 Have co-occurring mental health and substance use disorders, including individuals in all stages of recovery; Are young adults (18-24) transitioning from services for youth to services for adults; Are older adults (65+) or adults with significant health issues transitioning to or in need of long-term care services; Are non-native English speakers or individuals with limited English proficiency, making it more difficult to navigate systems; and Are identified by the Administrative Services Organization (ASO) or BHS Baltimore as a high inpatient user (HIU) or other high priority population. Please note that uninsured individuals must additionally meet the Behavioral Health Administration s uninsured eligibility criteria. Providers must request uninsured eligibility by submitting the appropriate forms to BHS Baltimore. Once uninsured eligibility is approved, preauthorization must be requested through the ASO prior to service provision. Programs should then work to establish benefits for consumers as quickly as possible. D. Staffing Requirements The applicants should refer to COMAR for the staffing requirements for mental health case management, including community support specialist supervisors, community support specialists, and community support specialist associates. In addition to the requirements set forth in COMAR, programs selected through this RFP will be expected to have robust staff training plans. Employing qualified, highly trained staff is a critical component of Mental Health Case Management due to the diverse needs of individuals who are in need of case management services. Particular emphasis should be given to training staff on obtaining and maintaining entitlements 3, cultural and linguistic competence, person-centered planning, strengths-based case management, and motivational interviewing. BHS Baltimore requires that at least one staff be trained in the SSI/SSDI Outreach Access and Recovery (SOAR) model to help ensure consumers obtain SSI/SSDI benefits as quickly as possible. Mental Health Case Management programs should also provide adequate supervision of staff, particularly for staff who spend most of their time in the field. E. Program Monitoring and Evaluation BHS Baltimore and the Department of Health and Mental Hygiene are committed to ensuring that public behavioral health services are high quality and responsive to the needs of the target population. In some instances, BHS Baltimore is setting requirements above and beyond those specified in COMAR in order to meet the specific needs of adults with serious mental illness in 3 Entitlements include, but are not limited to health insurance (especially Medical Assistance/Medicaid and Medicare), Supplemental Security Income (SSI)/Social Security Disability Insurance (SSDI), Supplemental Nutrition Assistance Program, Temporary Cash Assistance, etc. 6

7 Baltimore City. These additional requirements will be monitored and evaluated throughout the term of the agreement. Providers who do not meet the requirements outlined in this RFP may be subject to a Corrective Action Plan, with additional follow-up monitoring to ensure that the requirements are being met. In the event that a program is unwilling or unable to meet the requirements specified by this RFP, BHS Baltimore reserves the right to submit recommendations that the program be removed from the list of approved Mental Health Case Management programs and/or terminate the contract with the provider. BHS Baltimore will engage in monitoring activities to evaluate the quality of various aspects of service delivery. Some of these activities include: a) site visits to evaluate and document various administrative and programmatic requirements, including, but not limited to evidence in clinical records of a variety of referral sources or evidence of formal relationships with organizations for referral and linkage to care; b) review of data reports to evaluate programmatic outcomes; and c) review of general administrative compliance documents. Providers selected through this RFP process will be required to participate in all monitoring and evaluation activities. At least the following requirements will be monitored and/or evaluated at regular intervals during the agreement period: All programmatic and administrative requirements under COMAR and related regulations. Implementation of an outreach plan to market services to systems and organizations that serve the target population. Development of a network of community-based resources to address the needs of the target population. Implementation of a robust training plan for program staff that includes at least the topics outlined in this RFP. Submission of quarterly data reports to evaluate client and program outcomes. Attendance of quarterly Mental Health Case Management Provider Meetings held by BHS Baltimore. F. Program Reporting and Outcomes BHS Baltimore is dedicated to enhancing outcomes reporting system-wide in order to evaluate the quality of public behavioral health services in Baltimore City. Clients that enroll in Mental Health Case Management services are expected to improve over time, and programs should be able to demonstrate that clients are being linked to the appropriate services and moved through an appropriate step-down process based upon assessed level of need. The selected applicants will be expected to report client-level data to BHS Baltimore and its partners during the entirety of the approved service term. BHS Baltimore will require at least quarterly program reporting on key indicators that are assessed throughout the client s tenure with Mental Health Case Management. BHS Baltimore will collaborate with the selected 7

8 providers to develop outcomes and associated data reporting mechanisms that all Mental Health Case Management providers will use. Data points may be both qualitative and quantitative in nature including, but not limited to: Demographic information Linkage to and engagement in needed behavioral and somatic health care Linkage to entitlements and other needed resources Housing status Hospital admissions Engagement in meaningful activities (e.g., work, education, volunteerism, etc.) As a systems partner, the selected providers are required to develop and implement practices and procedures to support the system outcomes outlined above. 8

9 A. Purpose of RFP II. OVERVIEW OF THE REQUEST FOR PROPOSALS (RFP) The purpose of this RFP is to select Mental Health Case Management providers to serve adults in Baltimore City in accordance with COMAR State regulation requires Core Service Agencies (CSAs) to procure Mental Health Case Management services in their respective jurisdictions at least once every five years. In order to comply with this mandate, BHS Baltimore, as the CSA for Baltimore City, is issuing this RFP to secure qualified adult-serving Mental Health Case Management providers to deliver comprehensive case management services for eligible adults who reside in Baltimore City. The providers authorized to serve adults in Baltimore City via this RFP process will be required to provide both levels of care outlined in the Scope of Service. Only those providers selected through this RFP process will be permitted to provide Mental Health Case Management services for adults in Baltimore City. Providers selected through this procurement will commit to provide Mental Health Case Management services to eligible adults in Baltimore City in accordance with COMAR , and will be reimbursed through the Administrative Services Organization (ASO) in accordance with the tiered structure for Mental Health Case Management under COMAR Throughout this document, COMAR will be cited as the primary reference for regulations pertaining to Mental Health Case Management. Maryland s health services system is currently undergoing an overhaul related to the implementation of health care reform under the Affordable Care Act. Representatives from state and local government and community stakeholders have a number of changes under consideration with respect to regulation and accreditation of behavioral health providers. The selected applicants via this RFP process will be required to maintain compliance with current and future COMAR regulations, including new policies released by the Department of Health and Mental Hygiene for Mental Health Case Management. B. Applicant Eligibility Applicants must meet all of the criteria below to be considered eligible to become a Mental Health Case Management provider through this RFP: Applicants must be approved or licensed in Maryland as a community mental health provider under COMAR (Mobile Treatment Services), (Outpatient Mental Health Center), or (Psychiatric Rehabilitation Program) for at least three years, or have three years of experience as a Mental Health Case Management provider. The program must be eligible for approval as a Mental Health Case Management service provider per conditions for participation as set forth in COMAR , , and any additional applicable Medical Assistance provisions listed in COMAR Applicants should have knowledge of Baltimore City s public behavioral health system and the target population outlined in this RFP. Applicants should have a strong commitment to provide culturally competent, high quality services to eligible consumers within diverse communities in Baltimore City. 9

10 C. Proposal Timeframe and Specifications 1. Timeline 2. Pre-Proposal Conference RFP Release Date 09/22/14 Pre-proposal Conference 09/29/14 Proposal Due Date 10/27/14 Anticipated Award Notification Date 11/24/14 Anticipated Service Start Date 02/24/15 Date: 09/29/14 Time: 10:00 am Location: Behavioral Health System Baltimore One N. Charles Street, Suite 1300 Baltimore, MD Attendance by applicants is strongly recommended. Applicants who will not be attending the pre-proposal conference may send questions to Lynn Mumma by the close of business on September 25, Questions posed prior to or during the pre-proposal conference and responses will be included in an addendum to the RFP and posted on the BHS Baltimore website at: by October 3, In addition, the questions and answers will be ed to all individuals who either attended the pre-proposal conference or submitted questions. Questions received after the conference will not be considered or responded to. 3. Proposal Due Date, Time, and Location Proposals, along with one additional, unbound copy of the full proposal that includes all appendices, are due no later than 3:00 pm EST on October 27, Proposals submitted after the closing date may not be considered. Applicants are advised that the authorized contact person for all matters concerning this RFP is Lynn Mumma, whose contact information is listed below. All proposals must be submitted in hard copy to: Lynn Mumma, Director of Operations & Administration Behavioral Health System Baltimore One North Charles Street, Suite 1300 Baltimore, MD Phone: Anticipated Service Term: February 24, 2015 January 31,

11 D. Award of Contract The submission of a proposal does not, in any way, guarantee an award. BHS Baltimore is not responsible for any costs incurred related to the preparation of a proposal in response to this RFP. BHS Baltimore reserves the right to withdraw an award prior to execution of a contract with a selected applicant in BHS Baltimore s sole and absolute discretion. BHS Baltimore will select the most qualified and responsive applicants through this RFP process. All selected applicants will serve as Mental Health Case Management providers for adults in Baltimore City. Only those providers selected through this process will be permitted to serve as adult Mental Health Case Management providers for adults in Baltimore City. BHS Baltimore will enter into a contract with selected applicants following the notification of award. All selected applicants must comply with all terms and conditions applicable to contracts executed by BHS Baltimore. These terms and conditions can be found in Attachment A attached to this RFP. By submitting a proposal to this RFP, applicants attest that they have read and accept these conditions fully. A Scope of Work with details about specific requirements and measurable outcomes will be a requirement of grant recipients as an addition to the contract. Selected applicants will also be required to receive and maintain approval from the Behavioral Health Administration. Upon receiving notification of award, providers selected through this RFP process will receive instructions from the Behavioral Health Administration regarding the process to apply for National Provider Identifier (NPI) and Medical Assistance provider numbers and to connect with the Administrative Services Organization. The service start date listed in this RFP is estimated based on experience with this process. Mental Health Case Management services are not grant-funded. Funding for case management services is reimbursed through Maryland s Public Mental Health System Fee-For-Service schedule; service authorization and reimbursement will be done through the State s Administrative Services Organization. The payment procedures are detailed in COMAR E. RFP Postponement/Cancellation BHS Baltimore reserves the right to postpone or cancel this RFP, in whole or in part. F. Applicant Appeal Rights Applicants may file an appeal to the Director of Operations & Administration within ten days of release of the procurement or award of the contract. The Director of Operations & Administration will review the appeal, examine any additional information provided by the protesting party, and respond to the protestor within ten working days of receipt of the appeal. 11

12 A. Proposal Instructions III. FORMAT AND CONTENT OF THE PROPOSAL Applicants should submit all required information in the format specified in these instructions by the due date. The proposal narrative should be submitted using the template provided in Attachment B, and should not exceed 15 typed, single-sided, single-spaced pages using Times New Roman 12-point font. The cover letter and appendices do not count toward the page limit. The final proposal package shall include: A proposal cover letter completed, signed, and dated by an authorized representative of the applicant organization. The cover letter must include the full legal name of the applicant organization, address, contact information, and the designated contact person. One original version of the full proposal with all appendices. One additional, unbound copy of the full proposal, including all appendices. The proposal packet must be delivered in a sealed envelope labeled with the applicant s organization name and address; the designated contact person s name, address and telephone number; and the title and number of the RFP. Proposals may be mailed or hand-delivered. If the proposal is sent by mail or commercial delivery service, the applicant shall be responsible for actual delivery of the proposal to BHS Baltimore on or before the deadline. All submitted proposals become the property of BHS Baltimore. Late proposals may not be considered. B. Proposal Narrative Outline The proposal should be a clear, concise narrative that describes the applicant s intent to serve the target population. 1. Organizational Background a) Describe organization s history and experience providing similar mental health services to adults with serious mental illness. Submit relevant approval letters or licenses in Appendix 1, described below. b) Describe your organization s capacity to provide Mental Health Case Management services, including your ability to adhere to the requirements under COMAR and to access reimbursement through the Public Mental Health System. 2. Description and Goals of the Mental Health Case Management Program a) Describe how you plan to implement the Scope of Service and demonstrate how the approach would fulfill BHS Baltimore s goals and objectives described in this RFP. 12

13 b) Describe the location of the office where the Mental Health Case Management program will be housed and the hours of operation. c) Describe other behavioral health services provided by your organization as well as any relationships your organization has with other provider entities and the structure/process you will use to avoid conflicts of interest and inappropriate self-referrals. 3. Program s Organizational Structure and Staffing Plan a) Describe the staffing pattern you will use to deliver the proposed services, including the supervisory roles and educational background and experience of staff to be assigned to this project. Include an organizational chart in Appendix 2. b) Describe your plan to ensure that qualified staff is available 24 hours per day, 7 days per week to address crises and to prevent disruptions of service. c) Describe your plan to ensure adequate and appropriate supervision of staff, particularly for staff who often work offsite. d) Describe the training plan for staff. 4. Effectively Serving the Target Population a) Describe how your organization will ensure that all eligible individuals referred will be accepted into Mental Health Case Management services. b) Describe the program s referral process, how it will be inclusive and flexible, and how the program will reach out to the target population to generate referrals and market the program to engage consumers. c) Describe how the program will give priority to the populations listed in the Target Population section of this document, including how the program will use assertive outreach strategies to locate and enroll individuals viewed as challenging to engage. d) Describe how your organization will ensure that services are delivered in a culturally and linguistically competent manner, responsive to the diverse communities served. e) Describe how your organization will assess and work with individuals who have limited English proficiency, including the procedures in place to address service access for these individuals. 5. Program Evaluation and Quality Assurance a) Describe the program s anticipated outcomes and how you will track and monitor these outcomes. b) Describe the quality assurance process of the organization or program (e.g., client satisfaction surveys, program evaluation, etc.). c) Describe the data this program will collect, including how it will be collected, who will be responsible for collecting, analyzing, and storing the data. 6. Implementation Timeline a) Provide a timeline to establish and execute Mental Health Case Management services. 13

14 7. Appendices Appendix 1 Current or most recent state approval letters or licenses that document experience providing mental health services in Maryland under COMAR (Mobile Treatment Services), (Outpatient Mental Health Center), or (Psychiatric Rehabilitation Program) or (Mental Health Case Management), including the most recent Office of Health Care Quality Site Visit Report and applicable Statement of Deficiencies. Appendix 2 Organizational chart Appendix 3 Include two letters of support that demonstrate strong collaboration efforts Additional appendices are permitted. 14

15 A. Rating Criteria IV. EVALUATION AND CONDITIONS OF PROPOSALS All timely proposals submitted by eligible applicants will be reviewed by BHS Baltimore s Evaluation Committee, which will evaluate and rate such proposals based on the criteria below. Failure to submit all required information may result in an applicant s proposal being disqualified. BHS Baltimore reserves the right to conduct interviews and/or request that applicants make presentations. Although discussions may be conducted with applicants after proposals have been submitted, BHS Baltimore reserves the right to award contracts on the basis of initial proposals received, without discussions; therefore, the applicant s initial proposal should represent its best effort. 1. Organizational Background (10 points) This section should provide evidence of the organization s history and experience providing one of the eligible mental health services: Mobile Treatment, Outpatient Mental Health Center, Psychiatric Rehabilitation, or at least three years of Mental Health Case Management. It should also clearly show the organization s understanding of the requirements under COMAR and its capacity to operate using a reimbursement model. 2. Description and Goals of the Mental Health Case Management Program (25 points) The description of the program should show a strong commitment to the goals outlined in the BHS Baltimore Goals and Objectives section of this RFP. The applicant should demonstrate a strong understanding of the requirements listed in the Scope of Service by providing a detailed implementation plan. The location of services should be adequate to store case files, support staffing needs, and promote access to case management services. It should be clear that the program will avoid known conflicts of interest/selfreferral and respect consumer choice when connecting consumers to other services. 3. Program s Organizational Structure and Staffing Plan (20 points) The staffing pattern and organizational chart should demonstrate a strong understanding of the regulations that govern the staffing of Mental Health Case Management services outlined in COMAR It should be apparent that qualified staff will be available 24 hours per day, 7 days per week to address the urgent needs of consumers. Staff training and supervision should be adequate to support staff who often works offsite and with individuals with diverse needs and backgrounds. 15

16 4. Effectively Serving the Target Population (25 points) This section should thoroughly explain how the applicant will effectively reach out to, engage, enroll, serve, successfully link, and ultimately discharge the target population, particularly those individuals with many complex needs. Emphasis should be given to the partnerships the program either has or will develop for the purposes of generating referrals from systems/organizations and to make linkages to these systems/organizations. This section should clearly articulate a commitment to service delivery that is culturally and linguistically competent, responsive to the diverse communities served. It should also describe how the program will work with people who have limited English proficiency, both within the Mental Health Case Management program and in connecting consumers to linguistically competent care. 5. Program Evaluation and Quality Assurance (15 points) The applicant should show a commitment to providing quality services by describing how quality will be defined and measured on an ongoing basis. 6. Implementation Timeline (5 points) The timeline should be reasonable and emphasize the transition of existing consumers of providers not selected by this RFP process. 16

17 ATTACHMENT A Contract Template BEHAVIORAL HEALTH SYSTEM BALTIMORE, INC. One North Charles Street, Suite 1600 Baltimore, MD ("BHS BALTIMORE") CONTRACT No. CONTRACT TYPE: Actual Expenditures Cost Reimbursement, Mental Health CONTRACT DATE: VENDOR: VENDOR ADDRESS: CONTRACT TERM: 2/24/2015 1/31/2020 CONTRACT AMOUNT: $0 (Not to Exceed Amount) FUNDER(S): PROGRAM(S): Maryland s Public Mental Health System Fee-For-Service schedule Case Management Services for Adults This award is subject to the Contract Terms attached hereto, as well as all applicable laws and funder requirements. 17

18 CONTRACT TERMS 1. CONTRACT SERVICES A. Vendor agrees to provide services as described in Attachment A and to report in the format described in this Contract. B. All services shall be performed in accordance with applicable professional standards to the satisfaction of BHS Baltimore and in accordance with the descriptions contained in Attachment A. Substandard performance as determined in the discretion of BHS Baltimore shall constitute non-compliance with this Contract. Vendor, its employees, agents, subcontractors, and affiliates shall exercise independent professional judgment and shall assume professional responsibility for all services provided pursuant to this Contract. Vendor warrants that it, its employees, agents, subcontractors and affiliates are authorized by law to engage in the performance of the services of this Contract. Vendor shall ensure that it, its employees, agents, subcontractors and affiliates have all required licenses and certifications to provide services under this Contract. C. Vendor agrees to comply with all funder conditions, if any. 2. PAYMENT FOR SERVICES A. Mental Health Case Management services are not grant-funded. Funding for case management services is reimbursed through Maryland s Public Mental Health System Fee-For-Service schedule; service authorization and reimbursement will be done through the State s Administrative Services Organization. The payment procedures are detailed in COMAR REPORTING AND RECORD KEEPING A. To ensure proper clinical care and accounting of all Contract funds, the Vendor shall maintain all necessary records and accounts including client records, property, personnel and financial records. These records shall be made available to BHS Baltimore and/or its designee at any time for audit purposes. B. The Vendor shall additionally comply with all reporting requirements set forth by BHS Baltimore, local, state and federal agencies. C. The Vendor shall retain records as follows: (i) Client Service Records: a. Records shall be retained for a five (5) year period. Records regarding minors shall be retained for five years or until the minor attains the age of 21, whichever occurs later. b. Records shall be filed in a locked file cabinet, or if inactive, in a secure storage facility in accordance with applicable laws. 18

19 (ii) Financial Records: a. Accounting, Contract, other contract and grant records shall be retained until an audit is completed per Section 2210 of the 1988 DHMH Manual, but no less than six (6) years from the date of final payment pursuant to this Contract. Records relative to payroll, contracts, annual reports to the Internal Revenue Service and the State of Maryland regarding taxes, general ledger, bank statements and canceled checks and fixed assets shall be retained for seven (7) years or longer as may be required by applicable law. If an audit is initiated, all documents shall be maintained until the audit is completed. b. Records shall be filed in a secure storage facility in accordance with applicable laws. Vendor shall make such records and documents available for inspection and audit at any time to authorized representatives of BHS Baltimore, and if applicable to local, state and/or federal authorized representatives. If Vendor ceases to exist, custody of all records will be transferred based on BHS Baltimore s instructions to Vendor and in accordance with applicable laws. 4. DEBARMENT BHS Baltimore requires all its providers to complete a Debarment and Suspension Certification attached hereto as Attachment D. The Debarment and Suspension Certification also applies each time BHS Baltimore renews or extends an existing contract or grant. BHS Baltimore must receive a completed Debarment and Suspension Certification prior to any reimbursement pursuant to this Contract. Failure to comply with this Section 4 or submitting an erroneous Debarment and Suspension Certification may be grounds for termination of this Contract. Vendor shall not be listed on any Debarment List published by Federal or State governments. 5. QUALITY MANAGEMENT A. Each client shall be treated with dignity and afforded full rights as an individual to make decisions and participate in service planning. Vendor shall have a written complaint/grievance policy that explains the process for a client to file a complaint/grievance. The policy must be posted in a conspicuous location for clients to access. Vendor shall inform clients of their right to appeal Vendor decisions to BHS Baltimore. BHS Baltimore s Consumer Complaint/Grievance Policy may be found on the BHS Baltimore website at B. The Department of Health and Mental Hygiene ( DHMH ) and BHS Baltimore reserve the right to inspect program records, client medical records, financial information, employee files and any other documents deemed necessary to evaluate compliance with this Contract. Vendor agrees to make available, on the date of the site visit, staff that can provide the necessary documents and address any questions. Furthermore, Vendor shall facilitate review of all records related to this Contract (including but not limited to service records, policies, personnel 19

20 records) and shall facilitate meetings with consumers at the request of BHS Baltimore. C. Vendor agrees to submit a Corrective Action Plan ("CAP") if requested by BHS Baltimore, based on compliance as assessed during the aforementioned site visit or any other contract monitoring performed by BHS Baltimore. The CAP shall address the Contract deliverable(s) and/or other deficiencies identified as needing improvement, action(s) that will be taken to improve performance, planned date of completion, and staff responsible. D. Vendor shall submit the Attachment A Vendor Program Report to BHS Baltimore on a quarterly basis unless a different schedule is indicated. Reports shall be due no later than the 15 th day of the month following the reporting period and shall be in such a format as may be required by BHS Baltimore. 6. CONFIDENTIALITY OF CLIENT INFORMATION A. Vendor shall comply with Maryland Confidentiality of Medical Records Act (1990) as amended. Vendor shall not use or disclose any information concerning a client or the services provided under this Contract for any purpose not directly connected with administration of such services except upon written consent of BHS Baltimore and the client or, if the client is a minor, the responsible parent or guardian. The provisions of Health General Article 4 Sec. 301 to Sec. 309 Annotated Code of Maryland, 2005, supersede and control, where applicable. B. If Vendor meets the federal definition of a covered entity, it shall comply with the Health Insurance Portability and Accountability Act ("HIPAA") of 1996 as amended. One part of the law, Administrative Simplification, is intended to standardize electronic health care transactions, protect the privacy of patient identifiable information, and ensure the security of electronic information. HIPAA also covers the confidentiality of a person s identifiable health information via electronic media. The privacy rule encompasses medical records and other individually identifiable health information held or disclosed by health plans, health care clearing houses, and health care providers in any form, whether communicated electronically, on paper, or orally. C. Vendor shall comply with all applicable federal, state and local laws concerning confidentiality of records including, but not limited to, the Drug Abuse Prevention, Treatment and Rehabilitation Act, as amended and its implementing regulations (42 CFR Part 2). D. Vendor agrees that any confidential information received from BHS Baltimore or its personnel in the furtherance of this Contract shall remain strictly confidential and shall not be made available to any individual or organization without the prior written approval of BHS Baltimore or pursuant to applicable federal, state, or local laws. The provisions of this Section 6.D. shall remain binding upon Vendor after the termination and/or expiration of this Contract. 20

21 7. AMERICANS WITH DISABILITIES ACT Vendor and its subcontractors shall comply with the Americans with Disabilities Act ("ADA") that ensures civil rights protections for individuals with disabilities in public accommodations, employments, and transportation. Vendor shall not discriminate against individuals with disabilities in the provision of its services and programs unless to do so would be an undue burden or result in a fundamental alteration in the program as those terms are used in Title II of ADA. Additional information in understanding and complying with the ADA is available by contacting the Equal Employment Opportunity Commission in Baltimore City at (410) TERM, TERMINATION AND AMENDMENTS A. The term of this Contract shall be for the period provided on the first page herein unless terminated prior to that date as provided for herein. This Contract must be signed by all parties and is not effective until signed by BHS Baltimore. The Contract Date is the date this Contract is executed by BHS Baltimore. B. (i) (ii) (iii) This Contract shall remain in effect for the stated time period unless one party gives to the other written notice of termination thereof at least thirty (30) days prior to termination. The effective date of termination shall be the thirtieth (30 th ) day following the date on the written notice of termination or a later date as specified by BHS Baltimore. This Contract may be terminated by BHS Baltimore in whole or in part upon written notice to Vendor by BHS Baltimore, whenever BHS Baltimore shall determine that such termination is in the best interests of the State of Maryland and/or BHS Baltimore. If Vendor fails to fulfill its obligations under this Contract properly and/or on time, or otherwise violates any provision of this Contract, BHS Baltimore may terminate this Contract upon written notice to Vendor. C. Except as otherwise provided in this Contract, no amendment to this Contract shall be effective unless it is approved in writing and signed by BHS Baltimore and Vendor. D. Failure to comply with any provision of this Contract, including the attachments, may result in the termination of this Contract in the sole discretion of BHS Baltimore. 9. RENEWABILITY This Contract may be renewed by BHS Baltimore upon notice by BHS Baltimore to Vendor prior to the termination date of this Contract. Within fourteen (14) days of receipt of such notice, or sooner if requested by BHS Baltimore, Vendor shall submit to BHS Baltimore: (1) updated contact information in the form of Attachment E and updated W-9 from; and (2) any other information requested by BHS Baltimore. Within fourteen (14) days following the receipt of the aforementioned documents by BHS Baltimore, BHS Baltimore shall notify Vendor in writing if: (a) such documents are acceptable to 21

22 BHS Baltimore; and (b) this Contract is renewed for a like period or any other period under the terms and conditions contained herein and subject to the new budget and/or any other modification. Any renewal of this Contract shall be contingent upon the availability of funding for this Contract, the continued need for services pursuant to this Contract, Vendor s performance (to the satisfaction of BHS Baltimore), and any other terms and/or conditions BHS Baltimore may impose on Vendor. 10. COMPLIANCE WITH LAWS Vendor hereby represents and warrants that: A. It is in good standing and it is qualified to do business in the State of Maryland and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified, and shall provide a certificate of good standing to BHS Baltimore upon request; B. It shall comply with all federal, state and local laws, ordinances, rules and regulations, including interim expenditure and annual report requirements, and applicable codes of ethics pertaining to or regulating the services to be performed pursuant to this Contract, including those now in effect and hereafter adopted; C. It shall obtain, at its expense, all licenses, permits, insurance, and governmental approvals, if any, necessary to perform its obligations under this Contract; D. It shall comply with the assurances and certifications in Attachment F; and E. It is current on all its federal, state and local taxes and shall remain current during the term of the Contract. Upon request by BHS Baltimore, Vendor shall submit written evidence to that effect. 11. CRIMINAL BACKGOUND CHECKS Vendor covenants and agrees that it and its subcontractors will conduct a criminal background check of all of its employees, agents, and volunteers prior to commencing work under this Contract. All costs of the criminal background check shall be borne by Vendor or its subcontractors. As applicable pursuant to Md. Code Ann. Family Law Article, et seq., Vendor and its subcontractors shall obtain criminal history records checks of employees, agents, and volunteers who shall provide services to minors under this Contract. In any case where a criminal record is reported, Vendor and its subcontractors shall be responsible for taking immediate and appropriate action to protect the safety and welfare of any and all persons (especially minors, seniors, and people with disabilities or mental illness) having contact with that individual. 12. GENERAL CONDITIONS Vendor agrees to the following: A. Operate programs in compliance with all applicable laws, regulations, DHMH policies and requirements, and applicable memoranda of understanding. B. Provide services only as specified in Attachment A. 22

23 C. Comply with the DHMH Manual or any other funder s manual or requirements as applicable.. D. Any additional conditions originating from DHMH shall become an amendment to this Contract. Otherwise, unless specifically provided to the contrary in this Contract, this Contract may only be amended in writing executed by both parties. E. Any notice required or permitted under this Contract to Vendor shall be in writing and hand-delivered or mailed by certified mail, return receipt requested, to the Contract Manager at the address set forth in Attachment E of this Contract. Any notice required or permitted under this Contract to BHS Baltimore shall be in writing and hand-delivered or mailed by certified mail, return receipt requested, to the signatory of this Contract at the address on the first page of this Contract. Any changes or substitutions to the party designated to receive notice are the responsibility of the party making the changes, and notice must be provided to the other party in a timely manner of these changes. Vendor agrees to indemnify and hold harmless BHS Baltimore from any loss or liability arising out of Vendor s failure to provide timely and proper notice. F. When State of Maryland funds are used to purchase assets, the State of Maryland shall have the right to reclaim these assets. Furthermore, the State of Maryland retains the right to claim and dispose of any equipment (any single item having a cost of $500 or greater and a useful life of at least three years) which has been purchased with funds provided by DHMH. Vendor shall maintain an inventory of all assets purchased by Vendor with funding stemming from this Contract. Such inventory shall contain item description, date of purchase, cost, location, manufacturer, model and serial number. Upon request by BHS Baltimore and upon termination of this Contract, Vendor shall provide a copy of such inventory to BHS Baltimore. Subject to any rights of DHMH and/or the State of Maryland, BHS Baltimore reserves the right to reclaim any assets and/or supplies purchased with funding related to this Contract. G. When issuing statements, promotional materials, press releases, or any publications with regard to this Contract or any services or funding information pursuant to this Contract, Vendor shall obtain the prior written consent of BHS Baltimore before such materials can be released. BHS Baltimore may impose additional conditions for such release in its sole and absolute discretion. H. In the event the services to be provided by Vendor must by law be provided by individuals who are licensed and/or certified, Vendor shall only assign individuals to provide services under the Contract who are licensed and/or certified in accordance with the law. I. Vendor shall provide written notice to BHS Baltimore of any intent to pursue a claim against BHS Baltimore for breach of any of the terms of this Contract. Such notice shall set forth the reason for the claim and the pertinent Contract provision. Vendor may not commence a lawsuit for breach of this Contract prior to the expiration of forty-five (45) days from the date of such written notice. Within this forty-five-day period, Vendor, at the request of BHS Baltimore, shall meet with BHS Baltimore's designated representative for the purpose of attempting resolution of the dispute. 23

24 J. Vendor agrees that any copyrighted or copyrightable works developed pursuant to this Contract shall be subject to a royalty-free, non-exclusive, and irrevocable license to BHS Baltimore and/or its designee to reproduce, publish or otherwise use them. Vendor agrees to execute any document necessary for the furtherance of the purpose of this Section 15. L. K. Vendor shall develop language assistance procedures for assessing the language needs of the population served, translating both oral and written communications and documentation, training staff in the language assistance program requirements, and monitoring to assure that limited English proficiency individuals are receiving equal access to services and are not treated in a discriminatory manner, in accordance with DHMH policy INDEMNIFICATION Vendor shall indemnify and hold harmless BHS Baltimore (including its officers, employees, directors, agents, servants, affiliates, funders, volunteers and contractors) and the Mayor and Baltimore City Council (if this Contract is funded by the City of Baltimore), against any claims, demands, suits, actions, liabilities, and/or expenses (including reasonable attorney s fee) arising out of or as a result of any actions and/or omissions of Vendor, its providers, elected/appointed officials, employees, agents, contractors, servants or volunteers while rendering care under this Contract or in any way related to this Contract. Notwithstanding the foregoing, if Vendor is a state or a local government entity, Vendor shall indemnify, defend, and hold harmless BHS Baltimore, its officers, employees, directors, agents, servants, affiliates, funders, volunteers and contractors and the Mayor and Baltimore City Council from any and all claims, demands, suits, and actions, including attorney s fees and court costs, connected therewith, brought against BHS Baltimore, its officers, employees, directors, agents, servants, affiliates, funders, volunteers and contractors and the Mayor and Baltimore City Council arising as a result of any direct or indirect, willful, or negligent act or omission of Vendor, its providers, elected/appointed officials, employees, agents, contractors, servants or volunteers arising out of this Contract to the extent allowed under et seq., State Government, Annotated Code of Maryland [Supp. 2004] entitled "Maryland Tort Claims Act" or under et. seq., Courts and Judicial Proceedings Article, Annotated Code of Maryland [Supp. 2005], entitled "Local Government Tort Claims Act", as applicable. In the event of any liability claim against Vendor and/or its personnel, Vendor and its personnel shall not seek to join BHS Baltimore (including its officers, employees, directors, agents, servants, affiliates, funders, volunteers and contractors) and/or the Mayor and Baltimore City Council in such action or hold either of them responsible in any way. 14. NONDISCRIMINATION Vendor affirms that Vendor and its subcontractors shall not discriminate in any manner against any person on the basis of race, color, religion, national origin, ancestry, sex, physical or mental disability, age, sexual orientation, or in any area affecting employment or the delivery of services under this Contract. At all times, Vendor shall comply with all applicable laws and regulations with regard to employing the most-qualified person(s) for positions identified and/or created under this Contract. Furthermore, the provisions of this subsection shall be posted by Vendor in conspicuous places available to employees and applicants for employment. If this Contract is funded by Baltimore City and upon BHS 24