BHO PROGRAM AGREEMENT

Transcription

1 BHO PROGRAM AGREEMENT Behavioral Health Housing Subsidy Program - DBHR with Washington Department of Commerce This BHO Program Agreement is by and between the State of Washington Health Care Authority (HCA) and the Contractor identified below, and is issued in conjunction with the HCA and BHO Agreement on General Terms and Conditions (GT&C), which is incorporated by reference. CONTRACTOR NAME North Sound Behavioral Health Organization, LLC CONTRACTOR ADDRESS 301 Valley Mall Way Ste 110 Mount Vernon, WA CONTRACTOR CONTACT Joe Valentine CONTRACTOR TELEPHONE (360) HCA DIVISION Division of Behavioral Health and Recovery HCA CONTACT NAME AND TITLE Wanda Johns Program Manager HCA Agreement Number: BHO GT&C Contract Number: Contractor Contract Number: CONTRACTOR doing business as (DBA) North Sound Behavioral Health Organization WASHINGTON INDEX NUMBER UNIFORM BUSINESS IDENTIFIER (UBI) CONTRACTOR ADDRESS joe_valentine@northsoundbho.org HCA CONTACT ADDRESS th Avenue SE PO Box Olympia WA Lacey, WA HCA CONTACT TELEPHONE HCA CONTACT FAX (360) (360) IS THE CONTRACTOR A SUBRECIPIENT FOR PURPOSES OF THIS CONTRACT? No HCA CONTRACT CODE 7090LC-69 HCA CONTACT ADDRESS wanda.johns@dshs.wa.gov CFDA NUMBER(S) AGREEMENT START DATE AGREEMENT END DATE MAXIMUM AGREEMENT AMOUNT 07/01/ /31/2018 $165, EXHIBITS. The following Exhibits are attached and are incorporated into this Agreement by reference: Exhibits (specify): The terms and conditions of this Agreement are an integration and representation of the final, entire and exclusive understanding between the parties superseding and merging all previous agreements, writings, and communications, oral or otherwise regarding the subject matter of this Agreement, between the parties. The parties signing below represent they have read and understand this Agreement, and have the authority to execute this Agreement. This Agreement shall be binding on HCA only upon signature by HCA. CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED Joe Valentine, Executive Director HCA SIGNATURE PRINTED NAME AND TITLE HCA Contracts DATE SIGNED 7090LC BHO Program Agreement ( ) Page 1

2 1. Definitions. The words and phrases listed below, as used in this Program Agreement, shall each have the following definitions: a. Adjustment shall refer to an increase or a decrease in the maximum amount payable pursuant to this Contract, as set forth in an amendment issued by DSHS, based upon the actual or projected utilization of Contract funds by Contractor. b. Bed Day means each daily interval of use of Housing arranged by Contractor for an Eligible Consumer. If the Housing Contract provides for payment of a different minimum interval of use, that interval shall be divided by the number of days it contains in order to arrive at a number of Bed Days. c. Contract means this Contract, also referred to as a Program Agreement, for Housing Services. d. Consumer means an individual who has applied for, is eligible for, or who has received behavioral health services. e. Cost Reimbursement means the reimbursement of actual costs incurred up to the Maximum Rates permissible under this Contract. f. Division of Behavioral Health and Recovery or DBHR means the Division of Behavioral Health and Recovery, and its employees and authorized agents. Prior to July 1, 2018, DBHR is part of DSHS. Beginning on July 1, 2018, DBHR will become part of the Washington State Health Care Authority (HCA). g. DSHS means the Washington Department of Social and Health Services. h. Eligible Consumer means a Consumer who requires rapid Housing Services, and who is also in need of outpatient Supportive Services related to their behavioral health or experiences other barriers to housing due to behavioral health issues. i. HARPS Team means a team designated by the Contractor to implement the Housing and Recovery through Peer Services (HARPS) program, which includes two Certified Peer Specialists and one Mental Health Professional (or a combination of non-mhp as long as the team is under the supervision of a MHP). j. Health Care Authority or HCA means the Washington State Health Care Authority which manages the Washington Medicaid program and which, effective July 1, 2018, includes DBHR. k. Housing or Eligible Housing means a type of housing that is permissibly contracted from Housing Providers, including private landlords, pursuant to this Contract and includes, for example, master leasing agreements, multiple or scattered units or beds in existing public or nonprofit housing and units or beds in privately owned properties. l. Housing Contract means a contract between Contractor and a Housing Provider providing for use of housing by Eligible Consumers. This may also include a lease agreement between the Eligible Consumer and private landlord. m. Housing Subsidy shall refer to payment to Housing Provider by Contractor of the Housing costs of an Eligible Consumer, subject to the Maximum Subsidy allowed under this Contract. Housing Subsidies under this Contract may be combined with other housing bridge subsidies (deposits, 7090LC BHO Program Agreement ( ) Page 2

3 application fees, etc.) that are available to the Eligible Consumer, but may not duplicate any such subsidies. n. Housing Provider means an owner or the agent of an owner of housing that is used to provide rapid housing for Eligible Consumers pursuant to this Contract. o. Housing Services or Rapid Housing Services means the services provided by Contractor to identify and prioritize Eligible Consumers and to secure rapid housing for Eligible Consumers, including payment to Housing Providers for the use of such housing, up to the Maximum Subsidy allowed under this Contract. p. Maximum Subsidy means the maximum amount that may be paid by Contractor to a housing provider under the terms of this Contract for the use of housing by an Eligible Consumer. In general, the Maximum Housing Subsidy is 120 percent of 2018 Fair Market Rents, unless Contractor first submits the rationale for a higher subsidy to DBHR for approval. q. Obligated Rent Projection means a projection of rental payments using Contract funds that have been committed to by a subcontractor, but that have not yet been paid to a Housing Provider. r. Regional Service Area means one of eight Regional Service Areas within the State of Washington that are served by a Behavioral Health Organization until such time as one or more new organizations are identified to perform the functions previously performed by the Contractor. In the context of this Contract, Regional Service Area means the RSA within which the Contractor serves as the Behavioral Health Organization. s. Supportive Services refer to outpatient services in the public behavioral health system including, but not limited to: case management, care coordination, clinical supervision, behavioral health services, substance use treatment, vocational support services and Supportive Housing services. t. Supportive Housing Services are a type of outpatient Supportive Service administered by DBHR and carried out through funding sources other than the funding source for this Contract. Supportive Housing Services do not include direct Housing Services. Examples include Home and Community Services that are provided in partnership with Contractors, MCOs, ASOs and state hospitals and programs like HARPS, PORCH, BRIDGES or PATH or the Foundational Community Supports Program under the 1115 Medicaid Transformation Demonstration. 2. Purpose. The purpose of this Program Agreement is for the Contractor to identify Eligible Consumers requiring rapid housing, to enter into Housing Contracts, and/or to make payment under lease agreements between Eligible Consumers and Housing Providers, to arrange for Housing for Eligible Consumers, and to make payment to Housing Providers for Housing used by the Eligible Consumers, up to the Maximum Subsidy. 3. Performance Work Statement. The Contractor shall provide the services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below: a. Identify Eligible Consumers. Contractor shall assign its HARPS Team to identify Eligible Consumers within its Regional Service Area. Contractor, through its HARPS Team, shall prioritize the needs of the identified Eligible Consumers and shall arrange Rapid Housing Services for Eligible Consumers with contracted Housing Providers. b. Prioritize Eligible Consumers. Contractor shall prioritize Eligible Consumers for Housing Services, giving priority to Individuals assessed as homeless/unstably housed who meet at least one of the following: 7090LC BHO Program Agreement ( ) Page 3

4 (1) The individuals is being discharged from a state psychiatric hospital. (2) The individual is being discharged from a community psychiatric inpatient bed (Single bed certs, E&Ts, Psychiatric hospitals); or (3) The individual is being discharged from an intensive substance use treatment facility (Detox, 30, 60, 90 day substance use treatment facilities). c. Enter into Housing Provider Contracts. As long as subsidy funds are available, subject to the Maximum Subsidy amount, to the maximum funding that is made available under this Contract, Contractor shall enter into contracts with Housing Providers providing for use of Housing by Eligible Consumers and for payment of Housing Provider charges for such use. Copies of Housing Contracts must be made available to DBHR. d. Arrange for Rapid Housing. Contractor shall arrange Housing Services with Housing Providers through their subcontracts for Eligible Consumers in accordance with the prioritization described above. Contractor HARPS teams will perform their usual work with Eligible Clients to assist with Housing Retention. e. Reports to DSHS. Every other month, by the 15 th day of the final reporting month, Contractor shall notify the DBHR contact regarding the following information relating to the preceding two month period: (1) the number of Bed Days that were available through its Housing Provider Contracts; (2) the number of Eligible Consumers it identified as having priority for Housing Services; (3) the number of Bed Days it has paid for (or has become obligated to pay for) in order to provide Rapid Housing Services to Eligible Consumers; and (4) its Obligated Rent Projection as of the last day of the final reporting month covered by the report. f. Additional Data Submission and Status Reports. In addition to the notifications above, Contractor shall collect client data in the Integrated Client Database and monthly participant logs in a format provided by DBHR, and shall submit monthly status reports to include (at a minimum): (1) Numbers of individuals served/housed (2) Number of individuals who achieve 6 months of housing retention (3) Funds expended per client (4) Category of expenditure (rent) (5) Type of housing (6) Owner of housing (7) Address of housing (8) Total funds expended (9) Total funds remaining 4. Consideration. a. Total Maximum Consideration payable to Contractor for satisfactory performance of the work under this Program Agreement is a maximum of $165,243. This amount includes both Housing Subsidies and Contractor s Administrative Costs, which shall not exceed 5%. Administrative Costs shall include staff and staff expenses relevant to housing search and housing retention services, but may not include costs that are reimbursed through any other funding source. b. Payment for Direct Housing Services will be based on cost reimbursement of actual expenditures under the applicable Housing Contract, subject to the Maximum Subsidy and to the Maximum Contract Amount with any applicable Adjustments. c. DBHR may notify Contractor of an Adjustment in the Maximum Contract in the event Contractor is not able to make full use of the Housing Subsidies under this Contract or in the event Contractor is 7090LC BHO Program Agreement ( ) Page 4

5 able to use additional Housing Subsidy funding and such funding is available through underutilization by other contractors. The goal of this procedure is to make maximum use of available funding to assist homeless Consumers in Washington. In the event of an Adjustment reducing or increasing the Maximum Contract Amount, DBHR will send Contractor an Amendment which Contractor agrees to promptly sign and return. The Adjustment shall be implemented effective upon the date indicated in the applicable Amendment. d. Funding Source. Funding that supports this Program Agreement comes from the state of Washington, Department of Commerce. Any funds which are not expended by June 30, 2019, or by the end date of this Contract, may not be used or carried forward and lapse as of June 30, 2019 or the end date of this Contract, whichever is sooner. e. Billing: (1) DSHS shall not make any payments in advance or anticipation of the delivery of services to be provided pursuant to this Program Agreement. DBHR will not pay for any services provided prior to the start date of this Program Agreement. (2) Claims for reimbursement shall be submitted by , monthly, and on unaltered invoicing forms in the format as provided to Contractor by DBHR. Payment shall be contingent on Contractor appropriately filling out DBHR provided invoicing documents and following all DBHRdirected protocols on submitting these electronic documents to the Department. (3) The Contractor shall submit claims for reimbursement no later than 60 days following the month in which services are provided. Invoices shall state the cumulative amount that has been billed during the contract period, as well as a separate statement of current charges for which Contractor requests payment. f. Payment. 5. Liability Payment shall be considered timely if made by the Department within thirty (30) days after receipt and acceptance by the Department of properly completed invoices. The Department, at its sole discretion, may withhold payment claimed by the Contractor for services rendered if Contractor fails to satisfactorily comply with any term or condition of this Program Agreement. The state of Washington, its Department of Commerce and its Department of Social and Health Services, shall not be liable for claims or damages resulting from Contractor s performance under this Contract. Similarly, the state of Washington, its Department of Commerce and its Department of Social and Health Services shall not be liable for claims or damages resulting from any Housing Provider s performance under a Housing Contract entered into by Contractor. 6. Remedial Action. a. DBHR may initiate remedial action if DBHR determines any of the following situations exist: (1) A problem exists that negatively impacts individuals receiving services. (2) The Contractor has failed to perform any of the requirements or services required under this Program Agreement. (3) The Contractor has failed to develop, produce, and/or deliver to DBHR any of the data, reports 7090LC BHO Program Agreement ( ) Page 5

6 or other documentation required under this Program Agreement. (4) The Contractor has failed to perform any administrative function required under this Program Agreement. (5) The Contractor has failed to implement corrective action required by the state and within DBHR prescribed time frames. b. DBHR may impose any of the following remedial actions if DBHR determines the situations described in this Section exist: (1) Corrective Action Plan DBHR may require the Contractor to develop a corrective action plan, which must be submitted for approval to DBHR within 15 calendar days of notification. Corrective action plans may require modification of any policies or procedures by the Contractor relating to the fulfillment of its obligations pursuant to this Program Agreement. DBHR, at its sole discretion, may extend or reduce the time allowed for corrective action depending upon the nature of the situation. (a) Corrective action plans at a minimum must include: i. A brief description of the finding(s), including all relevant information specific to the issue(s). ii. Specific actions taken and to be taken by Contractor, including: a timetable; a description of the monitoring to be performed; and, the individuals responsible for resolving the situation(s). (b) Corrective action plans are subject to approval by DBHR. DBHR may: i. Accept the plan as submitted. ii. Accept the plan with specified modifications. iii. Request a modified plan. iv. Reject the plan. (2) Hold on Invoices DBHR at its sole discretion may hold and put in pending status the processing of any invoices under this Program Agreement until corrective action is approved as complete. DBHR at its sole discretion may release a portion or all of any payments withheld once satisfactory resolution has been achieved. 7. Individuals Covered and Served by Medicaid and/or Other Mental Health Programs Are Not Third-Party Beneficiaries Under this Program Agreement. Although DSHS and the Contractor mutually recognize that services under this Program Agreement may be provided by the Contractor to individuals receiving services under the Medicaid program, and chapters 71.05, 71.24, and RCW, it is the intention of DSHS and the Contractor that no individual shall be a third-party beneficiary of the obligations assumed by either party to this Program Agreement. 7090LC BHO Program Agreement ( ) Page 6

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