6-RFP 26-25 Legal Services for Aging Adults.docx

Montgomery County, PA RFP 26-25 for Legal Services for Aging Adults

Request for Proposal (RFP): 26-25 Department of Health and Human Services - Office of Aging Services Legal Services for Aging Adults

OVERVIEW & INTRODUCTION

Montgomery County is located approximately twenty miles west of Center City Philadelphia, PA. Governed by a three-member Board of Commissioners, the County government is a large diverse organization whose mission is to provide quality services in an efficient and cost effective manner.

Montgomery County, with nearly 861,000 residents is the third most populated county in the Commonwealth of Pennsylvania. Some of the services the county government provides its citizens include health and human services, a highly regarded community college, an outstanding park and historic site system, and a judiciary recognized as one of the Commonwealth’s finest.

Montgomery County Office of Aging Services (MCOAS) procures Legal Services to support older adults, aged 60 and over.

The purpose of this contract is to increase access and availability of Legal Services for Montgomery County older adults.

MCOAS expects that the provision of programs and services under this contract will fulfill one or more of the following goals for Montgomery County residents:

1. To allow seniors to remain in their own homes and to live independently in the community as long as possible, resulting in delay/avoidance of institutionalization;

2. To facilitate and improve access to a broad array of services which address the varied needs of older adults;

3. To protect older adults from conditions threatening their safety and well-being, including abuse, financial exploitation, neglect, and abandonment.

REGULATIONS

All applicable federal, state and local regulations will be adhered to. The contracted provider will maintain staff with expertise and knowledge of the Older Americans Act and Final Rule. All applicable Aging Program Directives will be adhered to including APD 25-09-01.

If there is a difference in applicable standards, the most stringent of standards will be adhered to.

SCOPE OF WORK

The goals of the Legal Services Program for older adults in Montgomery County are:

1. To increase the availability of legal services to older adults (age sixty and over);

2. To provide a full range of assistance including counseling, brief service & advice, representation and training on legal problems affecting older adults;

3. To disseminate information on these issues;

4. To advocate on behalf of older adults;

5. To utilize and coordinate with the resources of local bar association and law schools in providing services to older adults; and

6. To otherwise assist older adults in securing the benefits and rights to which they are entitled to restore older adults independence, choice and financial security.

The Legal Services contracted provider will assure the expansion of access to legal counseling and advocacy for older adults within the county. Legal services to be provided under the terms of this professional contract will be in addition to any legal services already being provided to older adults in Montgomery County.

The Older Americans Act Final Rule dictates that the delivery of legal services should specifically be for older adults with the great economic and/or social needs including:

· Poverty

· Cultural minorities

· Language barriers

· Severe disabilities

· Geographic isolation

· Those at risk for institutional placement

· Alzheimer's & Dementia related disorders

REQUIREMENTS

Provider must have the ability to administer a legal services program which includes the following service activities:

1. Provision of information, advice, counseling and representation shall be performed on a periodic basis to older adults in groups and individually at senior centers, senior housing, county offices and other settings that serve to expand the availability of Legal Services in the county. Topics to be covered may include:

a. Consumer protection

b. Landlord / Tenant problems

c. Utility termination issues

d. Long-term care financial issues

e. Denial of service for common benefits and rights such as PACE, Rent Rebate, Medicare

f. Power of Attorney

g. Wills and Living Wills (simple development)

2. Direct Legal Services and/or legal counseling by an attorney licensed in the Commonwealth of Pennsylvania, shall be provided to older adults in the community and institutional settings. Referrals will come from MCOAS, other county offices, community agencies, older adults and their families for civil non-fee generating cases. Priority will be given to older adults in greatest social and economic need including isolated and homebound individuals. Income generating cases will be referred to attorneys from the private bar or to the pro bono program of the Bar Association. The provider may not charge fees nor benefit directly or indirectly from the services provided under this agreement. No provider shall use awarded funds for fee generating cases.

3. Communication: Assistance must be provided in the preferred language of older adults, both in oral and written communication. Auxiliary aids must be used to communicate with individuals with disabilities.

4. Training: Provider will perform training sessions as requested for MCOAS staff on relevant topics including benefits and rights, living wills, guardianships, long-term care and power of attorney. Appropriate training materials will be developed and utilized.

5. Coordination: The provider will coordinate with the Montgomery County Bar Association to develop and disseminate a list of pro bono attorneys who have agreed to assist older adults.

6. Record-keeping: Provider will be expected to maintain systematic documentation of all contracted activities, sufficient to provide accurate reporting as required by the Pennsylvania Department of Aging & MCOAS. All records containing individually identifiable information will be maintained in a confidential manner.

7. Consumer Appeal: Provider will formulate and make available a written Appeals Procedure by which individuals may appeal decisions which have an adverse effect on their ability to participate in the services offered by the provider (been denied a service, excluded from a service or terminated from a service). The procedure must include a notice of adverse action given to the individual affected, no more than thirty days after the decision has been made. The notice will include the reasons for the action taken and the evidence upon which it is based.

ADMINISTRATION

Provider must assure the following:

1. Organizational structure sufficient to provide legal services program and administrative oversight;

2. Staff of sufficient number, training and competency to provide the service county-wide.

3. A provider/program representative will attend any relevant County organized or sponsored training or meeting as requested;

4. Notification of change in agency name or status made in writing to MCOAS 30 days prior to the change;

5. Notification of change in contact information must be made in writing to MCOAS as soon as possible but no later than 14 business days following the change;

6. Should a waitlist form or services be suspended for any reason, including partial services (i.e. new referrals); it is the responsibility of the provider agency to contact MCOAS to inform management of the situation;

7. Providers will verify at time of hire, and annually thereafter, that their staff are not under suspension or debarment by the Commonwealth, any other state or the federal government. This verification will include a comparison through The Office of Inspector General’s List of Excluded Individuals and Entities (LEIE), Medicheck, and SAM. Providers must keep auditable records of all screening efforts, including dates, names checked, and results.

8. Any materials (including website, flyers, brochures) for the legal services program for seniors will indicate MCOAS as a contributor with HHS logo.

METRICS & OUTCOMES

Key Performance Indicators (KPIs):

1. Access:

· Time from referral to initial contact Target: ≥90% of individuals contacted within 5 business days

· % of priority population served (greatest social/economic need) Target: ≥60% of total individuals served

2. Quality:

· Case disposition distribution (non-litigation + litigation combined) Target: ≥70% of closed cases reach documented resolution or stabilization

3. Efficiency

· Average hours per consumer served Target: establish baseline. Monitor for +15% variance

· Hours by service type Target: 100% of hours allocated to defined service categories

4. Satisfaction:

· Client-Reported Outcome (Issue Addressed) Target: ≥85% of respondents indicate issue was addressed (yes or partially)

· Client Satisfaction Rating Target: ≥90% report bring satisfied or very satisfied Mandated data elements will be entered in Montgomery County HHS Portal in Microsoft Dynamics no later than 30 days after the end of the service period. Additional reporting may be required. Failure to submit data by the due dates may result in payments being withheld.

STATE PROGRAM REPORTING

Providers are responsible for collecting and submitting a State Program Report “SPR”. SPRs are submitted to the Pennsylvania Department of Aging (PDA) who in turn reports the data to the Federal government via the Older Americans Act Performance System “OAAPS”.

The Legal Assistance Provider SPR Tool is a Microsoft Excel tool that will include the following data elements:

A. Total number of cases opened B. Total number of cases closed C. Service Units D. Levels of service (for closed cases)

i. Advice

ii. Limited Representation

iii. Represent E. Case type (for closed cases) F. A range of client demographic characteristics The SPR Tool will be annually submitted with a reporting period from October 1st – September 30th. The provider will submit the SPR Tool to PDA the Wednesday before Thanksgiving.

PDA can provide a copy of ACL’s Legal Assistance SPR Guidebook to interested providers.

INSURANCE

Please note that a certificate of insurance must be forwarded annually to MCOAS Contract Manager listing MCOAS as a holder.

MONITORING

Providers will be expected to cooperate fully with MCOAS monitoring staff as they perform programmatic and fiscal monitoring. Providers will be expected to cooperate fully with requests to access consumer records, personnel records, fiscal records or any records related to the performance of this contract or payment under the contract. On-site visits for this purpose will take place as needed. Monitoring visits may be unannounced.

NON-COMPLIANCE

A payment of up to $200.00 per occurrence of any and all noncompliance may be assessed. This includes, but is not limited to, non-compliance with providing paperwork within the timeframe provided.

Technological and Data Governance Requirements

· Data

· Montgomery County Health and Human Service is the sole owner of the data contained within this RFP and any and all reports requested. No additional fees will be assessed by contractor for full download of data collected.

· Confidentiality

· The Contractor agrees to protect the confidentiality of the County’s confidential information.

· The Contractor shall not use or disclose any information about a recipient receiving services from, or otherwise enrolled in, a County program affected by or benefiting from Services under the Contract for any purpose not connected with the Contractor’s responsibilities, except with consent pursuant to applicable law or regulations. All material associated with direct disclosures of this kind (including the disclosed information) shall be provided to the County prior to the direct disclosure.

· Compliance with Laws. Contractor will comply with all applicable laws or regulations related to the use and disclosure of information, including information that constitutes Protected Health Information (PHI) as defined by the Health Insurance Portability and Accountability Act (HIPAA).

· Data Breach or Loss

· The Contractor shall comply with all applicable data protection, data security, data privacy and data breach notification laws, including but not limited to the Breach of Personal Information Notification Act, Act of December 22, 2005, P.L. 474, No. 94, as amended, 73 P.S. §§ 2301—2329.

· For Data and Confidential Information in the possession, custody, and control of the Contractor or its employees, agents, and/or subcontractors:

· The Contractor shall report unauthorized access, use, release, loss, destruction or disclosure of Data or Confidential Information (“Incident”) to the County within one (1) hour of when the Contractor knows of or reasonably suspects such Incident, and the Contractor must immediately take all reasonable steps to mitigate any potential harm or further access, use, release, loss, destruction or disclosure of such Data or Confidential Information.

· The Contractor shall provide timely notice to all individuals that may require notice under any applicable law or regulation as a result of an Incident. The notice must be pre-approved by the County. At the County’s request, Contractor shall, at its sole expense, provide credit monitoring services to all individuals that may be impacted by any Incident requiring notice.

· The Contractor shall be solely responsible for any costs, losses, fines, or damages incurred by the County due to Incidents.

· As to Data and Confidential Information fully or partially in the possession, custody, or control of the Contractor and the County, the Contractor shall diligently perform all of the duties required in this section in cooperation with the County, until the time at which a determination of responsibility for the Incident, and for subsequent action regarding the Incident, is made final.

· Sensitive Information

· The Contractor shall not publish or otherwise disclose, except to the County or the Contractor’s subcontractors and except matters of public record (which is to be determined entirely in the discretion of the County), any information or data obtained hereunder from private individuals, organizations, or public agencies.

· THE PARTIES SHALL NOT USE OR DISCLOSE ANY INFORMATION ABOUT A RECIPIENT RECEIVING SERVICES FROM, OR OTHERWISE ENROLLED IN, A COUNTY PROGRAM AFFECTED BY OR BENEFITING FROM SERVICES UNDER THIS CONTRACT FOR ANY PURPOSE NOT CONNECTED WITH THE PARTIES’ CONTRACT RESPONSIBILITIES EXCEPT WITH CONSENT PURSUANT TO APPLICABLE STATE AND FEDERAL LAW AND REGULATIONS. ALL DOCUMENTS ASSOCIATED WITH DIRECT DISCLOSURES OF THIS KIND MUST BE ANNOUNCED TO AND OPEN FOR INSPECTION BY THE COUNTY.

INVOICING AND PAYMENT TO PROVIDERS

Contracted provider will submit a program invoice supplied by MCOAS indicating actual costs for services provided in the previous month by the 15th of the following month for reimbursement via email to mcssinvoices@montgomerycountypa.gov Invoice data requirements will also be completed on invoice or as requested. Reporting of time, data, or expenses will not be duplicated. Failure to satisfactorily complete the invoice by the due date may result in payments upon contract being withheld.

CONTRACT PERIOD

The period of the contract shall be for three (3) years based on the availability of funding commencing on date of contract execution. The contract may, by mutual written assent of the parties, be extended for two (2) additional one (1) year periods or portion thereof, up to a cumulative total of five (5) years based on the availability of funding. This is a program funded contract.

The agency must be in good performance standing with the County, State, or Federal oversight bodies. Current or unresolved findings will be reviewed by Montgomery County HHS. These findings may influence final award of contract.

PROPOSAL SUBMISSION

Submissions are made electronically through the Bonfire Portal.

Offeror must submit both a “Technical Proposal” (NO PRICING) and a “Cost Proposal” as separate documents as part of its Proposal package. In addition, a current W9 and completed Appendix “A” document must be uploaded.

PLEASE NOTE: If responding in Appendix “A” that exceptions are being taken to the Montgomery County Terms and Conditions, vendor must also submit these exceptions as a separate document uploaded in the “OPTIONAL Noted Exceptions to Posted Terms & Conditions” response section.

Any exceptions not provided at the time of proposal submission will not be considered at the time of contracting if the vendor is chosen for award.

QUESTIONS

All questions related to this Request for Proposal are to be submitted through the Bonfire Portal.

RFP Response Narrative Format Template

Introduction The format that follows is to be used in preparing your proposal in response to the RFP. The applicant’s operations, plans, capabilities, and prior experience are of primary interest to Montgomery County Department of Health and Human Services. The completed proposal must follow the format shown and may not exceed 14 pages, excluding title page and requested attachments.

Title Page: showing RFP number, due date and time, proposer name, address, telephone number, contact person, email address, and EIN number.

Background Statement and Prior Experience

· Provide a brief (no more than one page) description of the applicant’s business, including:

· History and future plans

· Vendor size

· Vendor financial stability (include copy of most recent audit as an attachment)

· Number of years in business

· Provider Identification (EIN)

· Corporate name and address

· Contact person(s) name, telephone number and email

· Describe the agency’s broad purpose for serving its community as stated in its mission statement and the goals it hopes to achieve.

· Please describe an overview of the services you currently deliver.

Service Description

1. Describe how your agency currently identifies and reduces barriers that prevent older adults from accessing legal services.

2. How do you plan on serving the homebound or those with transportation issues?

3. What tools will you use to communicate with non-English speaking individuals and those visually & vocally impaired?

4. Share your understanding of the Older Americans Act Final Rule.

5. How will you track and document case outcomes? (advice provided, issue resolved, referred out, ongoing representation etc.)

6. Describe your intake & referral Process.

7. Describe how your agency will coordinate with the Bar Association, community agencies and other partners to enhance services available to older adults.

Agency Organization

· Include the name and contact info of the lead point of contact for the contract.

· Provide 2 designated staff to act as the authorized signer and witness. The first person listed will be the authorized signer. Include name, title, and email address.

· Submit an Org Chart (as attachment)

· Submit a copy of job descriptions for all positions that would be covered under this contract (as attachment)

· Describe your Program components:

a. Where are staff located?

b. What are your operating hours?

c. Will staff be able to meet older adults out in the community?

Communication and Data Reporting

· Comment on your ability to maintain all required documentation and monitoring requirements listed in this RFP:

a. input monthly metrics & data reporting/KPI’s into the HHS portal in Microsoft Dynamics

b. submit Annual State Program Reports to the Pennsylvania Department of Aging

c. submit monthly fiscal invoices via email the 15th of the following month

· Comment on your technological capabilities in regard to: data, confidentiality, data breaches or loss and sensitive information

Fiscal, Cost Proposal/Budget, Invoicing

· Describe how you will manage contract funds and ensure that all costs billed to MCOAS are accurate, allowable, and directly tied to service delivery.

· Agencies are required to have separate accounting funds for each program. How will you comply with this requirement?

· Submit a budget. Include a narrative with your budget. (as attachment)

List of Attachments to be Submitted

· Exhibit A Montgomery County IT Services Business Associate Agreement (BAA)

· Organizational chart

· Job descriptions pertinent to contract

· Budget or cost proposal

· Most recent audit report

*If awarded contract, a Certificate of Insurance (COI) will need to be issued listing the specific County Office as a policy holder.

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