2. Implementation Reviewer Proposed Services Response Form Final.docx

RFP# 202512157

Implementation Reviewer for Child Welfare Psychotropic Medication Performance Criteria

PROPOSED SERVICES RESPONSE FORM

Bidder Name:

INTRUCTIONS: Bidder must complete this form to discuss the Services to be Provided referenced in Part II of the RFP and what the Bidder will offer, including:

· A description of the methods and resources the Bidder will use and how each task involved will be accomplished.

· A description of how the expectations and/or desired outcomes as a result of these services will be achieved.

· If subcontractors are involved, Bidders must clearly identify the work each will perform.

Bidders may expand each of the response (white) spaces within this document in order to provide a full response to each requirement.

A. Implementation Reviewer Qualifications and Experience

1. Hire or subcontract an Implementation Reviewer who has education and/or experience in statistics and conducting data collection, sampling, and analyses.

a. Ensure the Implementation Reviewer and other applicable staff are free of any Conflict of Interest.

B. Implementation Reviewer Required Services

1. Ensure the Implementation Reviewer drafts and issues timely written reports to the Parties.

a. Each report must describe:

i. The measurable progress made by the Department in relation to each of the Psychotropic Medication Performance Criteria (Appendix H); and

ii. Issues and/or challenges encountered and/or observed, if any, regarding compliance with the Settlement Agreement.

b. The first reporting period must include twelve (12) months of data following the start date of the initial period of performance.

i. Subsequent reports must include data for the next six (6) month period.

c. Ensure the Implementation Reviewer issues a draft report setting forth the Department’s progress in relation to each of the Performance Criteria within four (4) months of the close of the reporting period.

i. After receipt of a draft report, the Parties will have twenty-one (21) days to submit comments to the Implementation Reviewer.

ii. Thereafter, within thirty (30) calendar days, the Implementation Reviewer must issue a final report.

2. Ensure the Implementation Reviewer collaborates with the Parties to develop a written plan with an approach to sampling, data collection, and data analysis, which must include:

a. A definition of the case reviews to measure performance based on a representative sample of Class Members, where aggregate administrative data is otherwise unavailable; and

b. The identification of the data source to be used to measure performance.

c. The Implementation Reviewer must use their discretion to determine the appropriate margin of error and confidence level to ensure samples are representative.

3. Ensure the Implementation Reviewer collects from the Department, within sixty (60) calendar days of the end of each reporting period, all data, reports, and other information the Implementation Reviewer deems necessary to measure the Department’s performance on each of the Performance Criteria (Appendix H).

a. The Implementation Reviewer and Department may communicate regarding the data and information to be furnished.

b. The Parties to the lawsuit will have access, through the Implementation Reviewer, to all information made available by the Department to the Implementation Reviewer under the terms of the Settlement Agreement.

4. Ensure the Implementation Reviewer collaborates with the Parties to develop a template for the Implementation Reviewer’s periodic reports.

5. Ensure the Implementation Reviewer requests in writing additional documents or information to verify the Department’s performance in any reporting period, and provide a copy of the request to Plaintiffs’ counsel

6. Should the Implementation Reviewer encounter or identify any issues regarding the collection or measurement of data, reports, and other information deemed necessary to measure the Department’s performance on each of the Performance Criteria, ensure the Implementation Reviewer brings the matter to the Parties’ attention.

a. If necessary, in the judgment of the Implementation Reviewer, any issues must be resolved pursuant to the Dispute Resolution processes set forth in the Settlement Agreement.

7. In the event or circumstance beyond the Department’s control that prevents the Department from meeting one (1) or more Performance Criterion (Appendix H), the Implementation Review will accept in writing, the Department’s explanation of why such event or circumstance should not prevent the Department from being deemed to have met the relevant Performance Criterion.

a. Ensure the Implementation Reviewer provides a copy of the Department’s written explanation to Plaintiffs, who may have the opportunity to respond.

b. The Implementation Reviewer may, at their sole discretion, deem the Department to have met or not met the relevant Performance Criteria.

8. The Implementation Reviewer shall be permitted to speak separately with all Parties.

9. The Implementation Reviewer’s work will be considered public documents pursuant to 1 M.R.S.A. § 401, et seq.

a. Ensure all individually identifying information and other confidential information protected from disclosure is redacted from any public report.

C. Corrective Action Plan

0. Determine and report to the Parties if the Department has failed to meet two (2) or more Performance Criteria for two (2) successive reporting periods.

a. Allow the Department up to forty-five (45) calendar days of receipt of the Implementation Reviewer’s report, to draft a corrective action plan to address the unmet Performance Criteria and to provide a copy of the Corrective Action Plan to Plaintiffs and the Implementation Reviewer, through the Parties counsel.

D. Budget

1. Provide a detailed budget for any contract renewals at least one hundred twenty (120) calendar days prior to the start of the renewal period.

E. Confidentiality Requirements

1. Ensure all materials and information received or acquired whether verbal, written, electronic, or any other format, are not disclosed to any third-party, except the Parties of the Settlement Agreement and the United States District Court for the District of Maine.

2. Work with the Department and MaineIT to receive State laptops, Active Directory accounts, and approved two-factor authentication, for all applicable staff and/or subcontractors performing services under the contract resulting from this RFP.

a. Ensure all staff and/or subcontractors utilizing State devices, accounts, authentication methods, virtual private networks, or an information system provisioned by the Department and/or MaineIT, comply with MaineIT Policies & Standards, specifically:

i. Access Control Policy;

ii. Access Control Procedure for Users;

iii. Security Awareness Training;

iv. Rules of Behavior Policy;

1) This is not intended to replace or address professional conduct outside the information security context.

v. User Device and Commodity Application Policy; and

vi. Network Device Management Policy.

b. Promptly notify the Department in the event of any staff and/or subcontractors no longer performing work under the contract resulting from this RFP, so access to State systems may be terminated.

i. Return loaned laptops to the Department or MaineIT within five (5) business days of staff and/or subcontractors leaving.

3. Obtain and maintain insurance as outlined in the current State of Maine IT-Service Contract, under Rider B-IT, Section 19. Insurance Requirements. The current IT-SC may be obtained on the Office of State Procurement Services Forms & Templates webpage.

4. Comply with all State and Federal laws regarding the protection of confidential and/or sensitive information that is collected or maintained by the awarded Bidder and its staff and/or subcontractors, including, as applicable, notification to individuals in the event of unauthorized access or disclosure.

5. Comply with all confidentiality requirements outlined in the State of Maine IT-Service Contract, under Rider B-IT, Section 30. Confidentiality. The current IT-SC may be obtained on the Office of State Procurement Services Forms & Templates webpage.

6. The State will not consume (use) any awarded Bidder application, nor will the awarded Bidder consume (use) any State application.

7. Provide annual confirmation regarding compliance with all applicable MaineIT Policies & Standards.

a. Implement any substantive change to MaineIT Policies & Standards within a timeframe negotiated between the Department, MaineIT, and the awarded Bidder.

8. Comply with the Health Insurance Portability and Accountability Act (HIPAA).

9. Ensure all PHI or other individually identifiable information provided by the Department, accessed via Department systems, or received or acquired from any individual as a part of the contract resulting from this RFP, or through any other method, is regarded as confidential information.

10. Ensure all confidential information, in any format, is safeguarded consistent with the terms of the Department’s Business Associate Agreement and any other applicable State and Federal confidentiality laws, regulations, and/or rules.

11. Comply with the terms of Maine’s Notice of Risk to Personal Data Act, pursuant to 10 M.R.S.A §§ 1346-1350-B, and any other applicable privacy and security laws, rules, and regulations.

12. Meet quarterly, either in-person or by telephone conference, with the Department to review PHI compliance and any potential concerns related to confidential information.

13. Notify the Department immediately in the event of a breach or potential breach of confidentiality.

14. Collaborate with the Department to investigate, document, and otherwise respond to any actual or potential breach of confidential information.

F. Reports

1. Track and record all data/information necessary to complete the required reports listed in Table 1:

Table 1 – Required Reports

2. Submit all the required reports to the Department in accordance with the timelines established in Table 2:

Table 2 – Required Reports Timelines

DHHS RFP Proposed Services Response Form (Rev. 10/2025)