Amended and Restated Attachment A_06152020.docx

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Attached to
20LCEHSSTEPRFR: The COVID-19 Strategic Testing Expansion Program RFR
Solicitation number
BD-20-1039-EHS01-EHS01-51861
Issued by
Massachusetts

About this file

This document is an Amended and Restated Attachment A: Model Contract for the COVID-19 Strategic Testing Expansion Program (STEP) issued by the Executive Office of Health and Human Services (EOHHS) for the Commonwealth of Massachusetts. The purpose of STEP is to increase access to COVID-19 testing across Massachusetts, and the contract outlines the requirements for contractors to provide services such as patient registration, specimen collection, test result reporting, and patient follow-up. The initial term of the contract is until December 31, 2020, with the possibility of extensions of up to 18 additional months.

The contract specifies the minimum requirements for contractors, the scope of work including data collection and reporting requirements, and the payment structure. Contractors will be paid a per-test overhead rate, with a minimum monthly payment per authorized testing site. Contractors must be able to bill health insurers and the federal COVID-19 Uninsured Program Portal, and may not directly bill or charge patients. EOHHS reserves the right to modify, increase, reduce, or terminate any activity related to the contract.

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Amended and Restated Attachment A: Model Contract

The COVID-19 Strategic Testing Expansion Program (STEP)

This Strategic Testing Expansion Program Contract (the “Contract”) is by and between the Executive Office of Health and Human Services for the Commonwealth of Massachusetts (“EOHHS”) and [CONTRACTOR NAME] (“Contractor”), and shall be effective [DATE]

WHEREAS, the purpose of STEP is to increase access to COVID-19 testing across Massachusetts;

WHEREAS, the STEP Services under this Contract include, but are not limited to, patient registration and intake, specimen collection, specimen transport, test result reporting, patient follow-up, and answering patient inquires made via telephone and email; and

WHEREAS, Contractor has been deemed appropriate and has agreed to provide such STEP Services in accordance with the following terms and conditions:

NOW THEREFORE, in consideration of the mutual promises herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby severally acknowledged, the parties agree as follows:

SECTION 1: Definitions

The following terms appearing capitalized throughout this Contract and its appendices have the following meanings, unless the context clearly indicates otherwise.

Authorized Site: A site that EOHHS has directed Contractor to travel to or set up for purpose of providing STEP Services, or is within the category of mobile testing sites authorized by EOHHS within the Contractor’s assigned geography.

Authorized Site Minimum Monthly Payment: The minimum monthly payment per Authorized Site, prorated if STEP Services are provided for only a portion of that month, as set forth in Appendix 2.

Calendar Year: The twelve-month period commencing January 1 and ending December 31.

Centers for Medicare and Medicaid Services (CMS): The federal agency that administers Medicare, Medicaid, and the State Children's Health Insurance Program.

COVID-19: A contagious, sometimes fatal, respiratory disease caused by a newly discovered coronavirus that led to the declaration of a federal public health emergency and a state of emergency for the Commonwealth of Massachusetts.

COVID-19 Uninsured Program Portal: An online service facilitated by the federal government that provides claims reimbursement for health care providers generally at Medicare rates for testing uninsured individuals for COVID-19 and treating uninsured individuals with a COVID-19 diagnosis.

Executive Office of Health and Human Services (EOHHS): The Massachusetts agency responsible for the administration of the MassHealth program, pursuant to M.G.L. c. 118E and Title XIX and XXI of the Social Security Act and other applicable laws and waivers.

MassHealth: The medical assistance or benefit programs administered by EOHHS to provide and pay for medical services to eligible MassHealth members pursuant to Title XIX of the Social Security Act, Title XXI of the Social Security Act, M.G.L. c. 118E, and other applicable laws and waivers. MassHealth members receive services either through MassHealth fee-for-service or a MassHealth managed care plan.

Medicare: The federal health insurance program for people who are 65 or older, certain younger people with disabilities, and people with End-Stage Renal Disease (permanent kidney failure requiring dialysis or a transplant, sometimes called ESRD).

Project: Work designed and implemented by Contractor, the purpose of which is to achieve objectives and satisfy requirements described in this Contract.

Personal Protective Equipment (PPE): Specialized clothing or equipment worn by an employee for protection against infectious materials. In the case of COVID-19, PPE may include equipment such as face masks, face shields, disposable gowns, and nitrile gloves.

Site Size: The number of specimens obtained at an Authorized Site within the applicable month where all STEP Services have been completed.

STEP Services: Testing services for COVID-19 performed at Authorized Sites in conformance with Attachment A, including all requirements set forth in Section III.

Testing Overhead Payments: Payments made pursuant to this Attachment A for STEP Services completed at Authorized Sites at the rates set forth in Appendix 2. This will be at least the Authorized Site Minimum Monthly Payment (prorated if Authorized Site is open for a portion of the month).

SECTION II: MINIMUM REQUIREMENTS

Contractor certifies that it meets the following minimum requirements for entering into the Contract:

1. Contractor has the capacity to complete STEP Services for at least 500 individuals per day cumulatively across all site locations, with the minimum capacity of STEP Services per day per site to be specified by EOHHS in the form and manner specified in this Contract.

2. Contractor can source sufficient staff (including appropriate clinical staff), PPE, testing supplies, and equipment to complete STEP Services for the duration of this Contract.

3. Contractor has the flexibility to move their testing site(s) to another priority location within Massachusetts given seven (7) days’ notice from EOHHS.

4. Contractor can bill health insurers and other third-party payors electronically for all covered STEP-related medical services provided under this Contract, including but not limited to MassHealth, Medicare, and all major commercial health insurers in the Commonwealth, as well as the federal COVID-19 Uninsured Program Portal.

5. Contractor must commit that it will not refuse to provide STEP Services under this Contract to an individual patient because of the patient’s insurance status or because the patient is uninsured, and commit that it will not bill or charge patients directly for any STEP Services.

6. Contractor can comply with all state and federal laws and regulations applicable to the privacy and security of personal and other confidential information related requirements, including a HIPAA-compliant electronic recordkeeping system.

7. Contactor can secure all equipment necessary to establish mobile or site-specific testing locations and perform the services required under this Contract.

8. Contractor has all appropriate licenses or waivers in place to perform all required STEP-related medical services.

9. Staff designated by Contractor to implement aspects of the Project that involve direct patient contact are:

A. Knowledgeable of appropriate specimen collection techniques;

B. Trained in safe infection control protocols as established by the CDC, including proper PPE donning and doffing practices; and C. Able to provide linguistically competent care to patients, including through the use of translation services as necessary.

SECTION III. SCOPE OF WORK

1. As set forth below, Contractor, at the direction of EOHHS, shall go to Authorized Sites, and perform the services listed below in this section. EOHHS does not guarantee that Contractor will be assigned to a particular Authorized Site or any Authorized Site at all. EOHHS shall provide direction to the Contractor regarding the Authorized Site, dates of testing, and required capacity. Unless otherwise agreed to in writing by EOHHS and Contractor, each Authorized Site will be in operation for a minimum of 30 days, except for mobile testing sites, and only so long as Contractor continues to comply with the terms of this Contract. EOHHS can direct Contractor to discontinue providing STEP Services at an Authorized Site at any time after the initial 30-day period. EOHHS will provide direction regarding Authorized Sites via the form in Appendix 1, as such form may be Amended from time to time. Contractor may reject the assignment of an Authorized Site, provided that in order to do so Contractor must notify EOHHS in writing within 24 hours of being assigned an Authorized Site that it rejects this assignment (unless EOHHS agrees to an extension).

2. Contractor must have a process in place to collect all relevant patient information necessary to appropriately bill for STEP-related medical services to health insurers and other third-party payors and to satisfy all reporting requirements as defined by the Department of Public Health[footnoteRef:2] (DPH) or this Contract. This data collection should occur as part of the Contractor’s standard intake/registration process, either as part of an appointment scheduling system or onsite upon a patient’s or mobile testing team’s arrival. Contractor must provide a method for patients to schedule appointments in advance, preferably through an online platform. If directed by EOHHS, Contractor must use a centralized online scheduling platform (as it becomes available). In cases in which a patient’s primary care provider (PCP) or other appropriate clinician orders a COVID-19 test, Contractor must ensure that all registration/intake information is sufficient to utilize the order (including by verifying the patient’s insurance information), and ensure that test results are provided to the PCP or ordering clinician. In cases in which the patient does not have a test order from an existing provider, registration/intake information must be sufficient for Contractor’s ordering provider to order a COVID-19 test, and Contractor must verify the patient’s insurance information, and record any PCP designated in the patient’s record. Patients may also designate, at their discretion, the name and contact information of a preferred medical provider (if different than the designated PCP). Patient data should be maintained in a HIPAA-compliant electronic recordkeeping system for purposes of privacy, security, and applicable covered transactions. [2: https://www.mass.gov/doc/covid-data-reporting-order/download]

3. In addition to the requirements above, if Contractor will be conducting testing via mobile deployment to an Authorized Site, it must establish an intake mechanism which can accomplish the following:

A. Receive incoming requests for STEP Services directly from sites seeking mobile deployment;

B. Determine if the incoming request for STEP Services falls within the Contractor’s assigned geography and is an Authorized Site, as specified by EOHHS;

C. Determine if the incoming request for STEP Services meets the guidelines for testing as defined by the DPH or otherwise specified by EOHHS; and D. Schedule a visit to the site with at least 24 hours advance notice to the site’s designated point of contact with the Contractor’s estimated time of arrival and estimated time on site.

4. Contractor must provide all staff, equipment, supplies, and logistical support to perform specimen collection. This will include sourcing testing kits and PPE. As part of specimen collection, Contractor must be able to perform the following:

A. Evaluate an individual’s eligibility for testing, based on the most current testing guidance and protocols approved by EOHHS, including DPH;

B. Order a test through an appropriately licensed ordering provider;

C. Collect the specimen for testing, ensuring that the specimen collector is following all relevant infection control protocols (e.g., wearing appropriate PPE); and D. Maintain testing kit inventory and resupply as necessary to meet volume demands.

5. Contractor must have their specimen collection protocols approved by EOHHS prior to Project launch. While posterior nasopharyngeal swabbing is currently the specimen collection method for COVID-19 testing, Contractor should be able to adapt their processes to accommodate other specimen collection types (e.g., anterior nasal swabs, saliva, etc.) and approved testing methods as they become available.

6. Contractor must transport collected specimens to a processing lab within twelve hours of specimen collection. Contractor must track specimen collection times and delivery times to processing labs.

7. Contractor must establish a process for receiving and reporting test results to patients within 72 hours of specimen collection. Contractor must have an electronic process for receiving results from processing labs and sharing those results with the patient, and the patient’s PCP, if any, and any other medical provider designated by the patient at intake. . If a patient has opted into electronic communication, both positive and negative results can be communicated electronically. However, Contractor must have qualified staff designated to immediately communicate test results back to patients and their care providers as appropriate when a patient has not opted into electronic communication. Patients should receive their test results within 24-48 hours after specimen collection whenever possible. Contractor must track time from specimen collection to result reporting for all patients.

8. Contractor must ensure that follow-up counseling is provided to all COVID-19 positive patients, either directly or through coordination with the patient’s PCP, if any, and any other medical provider designated by the patient at intake. . Additionally, Contractor must share the test result with its associated Ordering Provider in all cases, including when the Ordering Provider is not directly contracted by Contractor.

For any patient that tests positive for COVID-19, Contractor must immediately provide instructions for self-isolation to the patient and inform the patient that they will receive a call from a contact tracer and urge them to pick up the phone. The following information must be communicated to all positive cases:

· Contact tracing calls will appear with the area code 833 or 857 and your phone will say the call is from “MA COVID Team.” Calls are made daily from 8 a.m. to 8 p.m.

· You must self-isolate until you have been fever-free for at least 72 hours without the use of medication, any of your respiratory symptoms have improved, and at least 10 days have passed since your symptoms first appeared.

· If your symptoms become so severe that you are unable to take care of yourself (i.e., unable to consume liquids and food, experiencing excessive light-headedness, etc.), you should immediately reach out to your healthcare provider, or for emergencies, dial 911.

After receiving a positive result, patients must be able to obtain medical advice from Contractor via phone or electronic communication. Contractor must ensure that two follow-up consultations are provided to COVID-19 positive patients, first within 4-6 days after testing and then within 9-11 days after testing was conducted. This may be performed directly by Contractor or in coordination with the patient’s PCP or other medical provider designated by the patient, if applicable. Contractor is encouraged to partner with local community providers who would be willing to accept new COVID-19 positive patients. .

9. Contractor must provide a toll-free customer service telephone line and email address where patients can obtain information about the status of their test result and ask general questions. At minimum, the service line must be staffed during the hours the testing site is operating and have a voicemail system to record patient messages 24 hours a day, 7 days a week. Patients' phone and email inquiries should be resolved within 24 hours. Contractor is required to have a website with FAQs that provides the telephone number and email address.

10. Contractor must have a publicly-listed price and process to support employers and other organizations that would like to purchase testing services at a site that are separate from the STEP Services payable by EOHHS under this contract (e.g., an employer seeking to test all employees, regardless of whether such employees satisfy DPH testing guidelines). Contractor must have a designated point-of-contact to serve as a liaison for third parties that would like to purchase testing capacity at the Contractor’s testing site(s). The publicly-listed price should be stated as a per test rate and may not exceed the total of the MassHealth rates for the STEP-related medical service(s) provided at the site, plus the per test overhead rate the Contractor would receive if the testing were payable by EOHHS under this Contract. Contractor may provide testing services to third-parties only to the extent they are able to provide testing capacity in excess of the minimum testing capacity directed by EOHHS, as specified in Appendix 1.

11. Contractor must have publicly-listed prices, established at the billing code level, for all STEP-related medical services that Contractor intends to provide. These publicly-listed prices must be available on Contractor’s website and upon request by any insurer. Contractor shall use these prices when submitting out-of-network claims to commercial insurers. Contractor’s publicly-listed prices may not exceed the current MassHealth fee-for-service rates for equivalent services.

SECTION IV. REPORTING

1. Contractor must gather data to quantify the impact of the Project as a part of project implementation. Contractor will be required to submit a weekly report to EOHHS that contains the following metrics (measured daily), by Authorized Site, along with any additional metrics developed by EOHHS throughout the duration of STEP, in a form and manner specified by EOHHS:

A. Number of patients who scheduled an appointment;

B. Number of patients who visited the site;

C. Number of patients who visited the site but did not have an appointment;

D. Number of patients who scheduled an appointment but did not show up for testing;

E. Number of patients who failed to meet testing criteria;

F. Number of patients tested;

G. Number of patients with a test ordered by their PCP or other existing health care provider;

H. Number of patients with a test ordered by Contractor’s associated Ordering Provider;

I. Number of patients with positive test results;

J. Number of patients with negative test results;

K. Number of patients who received a communication about their test result;

L. Race/ethnicity distribution across patients tested;

M. Average length of time between test collection and test transport;

N. Average length of time between test collection and result reported to testing organization;

O. Average length of time between test collection and result reported to patient;

P. Insurance status of patients tested, and distribution of insurers (or other applicable payors); and Q. Total number of tests performed at the Authorized Site not eligible for Testing Overhead Payment (e.g., pursuant to Section III.10 above).

2. In addition to the aggregated data described above, Contractor must be able to provide deidentified individual-level backup data for each of their weekly reports at the request of EOHHS.

3. Contractor must comply with any additional reasonable reporting requests not listed above in Section IV.1 as defined by EOHHS throughout the term of this Contract, including requests for ad hoc reports.

4. As requested by EOHHS and with reasonable notice, Contractor shall participate in meetings with EOHHS at which EOHHS and Contractor may discuss the services rendered under this Contract, Contractor’s performance of the terms of this Contract, or any other item related to the Contract.

5. All reports required under this Section IV shall be sent via secure email to [], or access can be provided to a secure database providing the information contained in the required reports.

SECTION V. PAYMENT

1. EOHHS shall pay Contractor Testing Overhead Payments at the rate set forth in Appendix 2 for STEP Services provided Authorized Sites based upon individuals receiving STEP Services. Payments attributable to tests completed at an Authorized Site in a month will vary based on the Site Size. Any STEP Services provided in which the patient did not receive test results within 72 hours of specimen collection will not count towards Contractor’s Testing Overhead Payment. If Contractor provides STEP Services at an Authorized Site at the direction of EOHHS, the Testing Overhead Payment will be at least the Authorized Site Minimum Monthly Payment at the rate set forth in Appendix 2. The Authorized Site Minimum Payment will be prorated if the Authorized Site is open for only a portion of that month.

2. EOHHS shall pay Contractor only for STEP Services at Authorized Sites. Any testing done at sites other than Authorized Sites as directed by EOHHS are not eligible for payment under this contract. EOHHS shall have no obligation to assign or authorize Contractor to provide STEP Services at an Authorized Site, and there is no minimum payment under this Contract. EOHHS may elect to not direct Contractor to provide any STEP Services at Authorized Sites, and in such case no payment would be owed to Contractor.

3. If Contractor completes STEP Services at more than one Authorized Site in a particular month, the monthly payment to Contractor will be a sum of the monthly payments attributable to each applicable Authorized Site.

4. Payment will be in accordance with this Contract, including the State Standard Contract Form and the Commonwealth Terms and Conditions.

5. Contractor is not entitled to payment of the Testing Overhead Payment if it fails to comply with all conditions of the Contract.

6. Payment pursuant to this Contract is separate and distinct from billing health insurers with respect to services provided to particular individuals.

7. Payment pursuant to this Contract is separate and distinct from any payment arrangements developed between Contractor and employers or other third parties as described in Section III.10. EOHHS will not be liable for any payments for medical services, administrative, or overhead costs associated with such arrangements. In other words, EOHHS will not pay Testing Overhead Payment relating to the testing of individuals who do not meet eligibility for testing, based on the most current testing guidance and protocols approved by EOHHS, including DPH.

8. Contractor must have the ability to bill all major health insurers and other third-party payors in the Commonwealth for the medical services (including specimen collection) they provide to patients under the STEP, including MassHealth, Medicare, and major commercial insurers. Contractor must also have the ability to bill for medical services provided to uninsured patients through the federal COVID-19 Uninsured Program Portal. EOHHS does not guarantee any particular payment for STEP-related medical services, and EOHHS will not be liable for any payments for medical services Contractor is unable to secure from a patient’s insurer or other third-party payor, but expects that Contractors will make diligent efforts to secure such payments.

9. Contractor must accept as payment in full for all services provided under the STEP 1) the payment for medical services made to the Contractor by a patient’s insurer (or other third-party payor), and 2) the Testing Overhead Payments by EOHHS described in this Section V. Contractor may not directly charge or bill patients, regardless of insurance status and regardless of whether the Contractor is ultimately paid by the patient’s insurer, for any services provided under this contract, and may not impose any cost sharing (including copayments) or engage in balance billing for claims made to insurers, or any similar practices. As to EOHHS, Contractor’s Testing Overhead Payments will be considered payment in full to Contractor for all services provided under this Contract.

10. Contractor is not be eligible to receive a Testing Overhead Payment pursuant to this Contract relating to any testing services conducted pursuant to a separate COVID-19 testing contract with EOHHS or for testing services for which Contractor is eligible to bill MassHealth using code A0999 under the terms of a special conditions addendum to the Contractor’s MassHealth provider contract.

SECTION VI: OTHER CONTRACTUAL TERMS

1. This Contract, which includes and incorporates the State Standard Contract Form and the Commonwealth Terms and Conditions, along with the STEP request for responses (STEP RFR) and Contractor’s response to the STEP RFR (in that order of precedence), contain the entire Contract and understanding between EOHHS and Contractor. There are no additional promises or terms other than as contained in this Contract.

2. The parties agree to negotiate in good faith to cure any omissions, ambiguities, or manifest errors herein. By mutual Contract, or if such amendment is necessary to comply with applicable laws, the parties may amend this Contract where such amendment does not violate state or federal statutory, regulatory provisions, provided that such amendment is in writing, signed by both parties, and attached hereto.

3. Notices to the parties as to any matter hereunder will be sufficient if given in writing to the following addresses (or successors as designated by the parties):

To EOHHS:

Dayva Briand, Strategy Analyst, MassHealth Dayva.Briand@state.ma.us

Tim Hoitink, Assistant General Counsel, EOHHS Timothy.S.Hoitink@state.ma.us

EOHHS Contracts Unit 600 Washington Street, 7th Floor Boston, MA 02111

To the Contractor:

4. If any clause or provision of this Contract is in conflict with any state or federal law or regulation, as such laws and regulations apply and are in effect during the State of Emergency, that clause or provision shall be null and void and any such invalidity shall not affect the validity of the remainder of this Contract.

5. This Contract shall expire December 31, 2020. At the option of EOHHS, the Contract may be extended for up to 18 additional months in any increment of time. The Contract may also be extended for any reasonable time period EOHHS determines necessary to complete a subsequent procurement.

6. Contractor is fully responsible for the performance of its subcontractors. Subcontracts will not relieve or discharge Contractor from any duty, obligation, responsibility or liability arising under this Contract. All subcontracts and other agreements or arrangements for reimbursement will be in writing and will contain terms consistent with all terms and conditions of the Contract. The use of subcontractors shall not cause any additional administrative burden on EOHHS as a result of the use of multiple entities.

7. EOHHS shall have the option at its sole discretion to modify, increase, reduce or terminate any activity related to this Contract whenever, in the judgment of EOHHS, the goals of the project have been modified or altered in a way that necessitates such changes. In the event that the scope of work or portion thereof must be changed, EOHHS shall provide written notice of such action to the Contractor and the parties shall negotiate in good faith to implement any such changes proposed by EOHHS.

8. EOHHS additionally reserves the right, at its sole discretion, to amend the Contract to implement state or federal statutory or regulatory requirements, judicial orders, settlement agreements, or any state or federal initiatives or changes affecting EOHHS or the Contract. EOHHS shall provide written notice of such action to the Contractor and the parties shall negotiate in good faith to implement any such changes proposed by EOHHS

9. Contractor shall notify EOHHS in writing within ten (10) calendar days if it or, where applicable, any of its subcontractors receive or identify any information that gives them reason to suspect that a MassHealth member or provider has engaged in fraud as defined under 42 CFR 455.2. In the event of suspected fraud, no further contact shall be initiated with the member or provider on that specific matter without EOHHS’ approval.

10. Contractor and, where applicable, its subcontractors shall cooperate fully with the Office of the Attorney General’s Medicaid Fraud Division (MFD) and the Office of the State Auditor’s Bureau of Special Investigations (BSI). Such cooperation shall include, but not be limited to, providing at no charge, prompt access and copies of any documents and other available information determined necessary by such agencies to carry out their responsibilities regarding Medicaid fraud and abuse, maintaining the confidentiality of any such investigations, and making knowledgeable staff available at no charge to support any investigation, court, or administrative proceeding.

11. By executing this Contract, and to memorialize compliance for permitted disclosures of Protected Health Information under HIPAA, including disclosures for Treatment, Payment, and Health Care Operations purposes, Contractor certifies that: (i) Contractor is a Covered Entity; or (ii) Contractor is a Business Associate of another Covered Entity relevant to this Contract, (iii) or otherwise complaint with HIPAA for such disclosures. If the Contractor cannot satisfy any of the aforementioned HIPAA certifications, the Contractor shall provide immediate notice to EOHHS prior to providing services under this Contract, and shall promptly execute and comply with any amendment to this Contract that EOHHS determines is necessary to ensure compliance with all applicable statutes, orders, and regulations promulgated by any federal, state, municipal, agreements, or other governmental authority pertaining to the privacy or security of personally identifiable information. For the avoidance of doubt, such amendments may require compliance with obligations in addition to those applicable to a Business Associate under HIPAA. Such capitalized terms, not defined in this Contract, shall be construed in a manner consistent with HIPAA Rules at 45 CFR Parts 160, 162 and 164.

APPENDIX 1

EOHHS Direction to Contractor Regarding Authorized Sites Pursuant to Section III.1 of this Contract, EOHHS is hereby directing Contractor to:

___Establish a site-based STEP Service site at [Address] and provide STEP Services beginning on the following date _____, until such time as EOHHS provides further direction to Contractor (site-based testing); or
___Provide STEP Services in [assigned region(s)] at the following category(ies) of sites [approved setting(s)] consistent with the process in Section III.3 of this Contract, beginning on the following date ____, until such time as EOHHS provides further direction to Contractor (mobile testing);

This/these site(s) is/are [an] Authorized Site(s) for these dates for purposes of this Contract.

Unless Contractor rejects this assignment in writing within 24 hours of receipt, Contractor must provide STEP Services at this/these Authorized Site(s), including providing a minimum testing capacity of [] tests per day while at this/these Authorized Site(s), and meet all other requirements set forth in Contractor’s Executed STEP Contract.

By: ________________________________

(Signature)

(Printed Name)

(Official Title)

(Date)

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APPENDIX 2

TESTING OVERHEAD PAYMENT RATES

Contractor shall be paid a per-test overhead rate, adjusted for the total number of individuals who receive STEP Services at a given Authorized Site. Payment is authorized only for STEP Services provided at Authorized Sites. Before tests can be considered complete for purposes of this Appendix, results must have been provided to the patient. Any STEP Services where the testing result is provided more than 72 hours after specimen collection may not be counted for purposes of calculating the Testing Overhead Payment.

EOHHS will pay the greater of the Testing Overhead Payment rate 1) as calculated by multiplying a) the number of tests actually completed by b) the rate in the Site Size tier for the tests actually completed; or 2) as calculated by multiplying the a) maximum number of tests in the next lowest Site Size tier by b) the rate for this tier. This provision is intended to ensure Contractor is held harmless as it moves into a higher Site Size tier with a lower rate per test.

If Contractor provided STEP Services at more than one Authorized Site in a particular month, the monthly payment to Contractor will be a sum of the monthly payments attributable to each applicable Authorized Site for STEP Services.

Subject to all terms and conditions of the Contract, the sum of the applicable amount per test completed for each Authorized Site will be calculated as follows:

Site Size (# individuals who received STEP Services) Rate Per Test

1 – 50

51 – 250

251+

Notwithstanding the above, EOHHS will pay at least the Authorized Site Minimum Monthly Payment of [] for each Authorized Site. If Contractor is providing STEP Services at an Authorized Site for only a portion of the month, the Authorized Site Minimum Monthly Payment will be prorated. The denominator will be the number of days that STEP Services were provided at the Authorized Site. The denominator will be the number of days in the month. For example, if an Authorized Site began operating August 10, the Contractor’s Authorized Site Minimum Monthly Payment for August would be prorated by multiplying it by (21/31).

The Authorized Site Minimum Monthly Payment represents a minimum payment, not an additional payment. Contractor will be paid the greater of the Authorized Site Minimum Monthly Payment or the payment calculated based upon the number of completed tests.

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