New Hampshire Department of Health and Human Services Multidisciplinary Team

Appendix A – Scope of Services

RFA-2027-OCOM-02-MULTI Contractor Initials __________

v. 1.0 Page 1 of 9 Date __________

Scope of Services

1. Statement of Work

1.1. The Contractor must serve as a member of the Multidisciplinary Team (MDT), as required by New Hampshire RSA 135-E, Involuntary Civil Commitment of Sexually Violent Predators, and New Hampshire Administrative Rule He-C 701, Involuntary Civil Commitment of Sexually Violent Predators.

1.2. The Contractor must ensure services are available statewide.

1.3. The Contractor must assess and evaluate whether a person convicted of a sexually violent offense who is eligible for release from total confinement meets the definition of a sexually violent predator as defined in RSA 135-E.

1.4. The Contractor must accept assignments from the Department to evaluate individuals.

1.5. The Contractor must accept direction relative to the assessment and evaluation from the Department’s designated MDT Chairperson.

1.6. The Contractor, as a member of the MDT, may receive legal counsel, as necessary relative to the assessment and evaluation, from the New Hampshire Department of Justice Office of the Attorney General.

1.7. The Contractor must complete all work relative to the assessment and evaluation in accordance with the time frames in RSA 135-E, or as established by the Department.

1.8. The Contractor must assess and evaluate each individual assigned by the Department by:

1.8.1. Reviewing all information and documents provided by the

Department;

1.8.2. Participating in a personal interview of the individual by one or more members of the MDT, as directed by the Department, if the individual opts for this interview;

1.8.3. Requesting additional relevant information from the Department for assessment and evaluation, as needed;

1.8.4. Meeting with the Department and other members on the MDT to discuss and review the information and records provided to evaluate and make an assessment; and

1.8.5. Collaborating with the other members on the MDT to determine whether or not the individual meets the definition of a sexually violent predator in accordance with RSA 135-E.

1.9. Certification and Licensing

v. 1.0 Page 2 of 9 Date __________

1.9.1. The Contractor must maintain the certifications and licensing with credentials that include:

1.9.1.1. A psychologist with a doctoral degree from a school

accredited by the American Psychological Association and licensed by the applicable licensing board or entity in the state of current practice; or

1.9.1.2. A psychiatrist certified by the American Board of

Psychiatry and Neurology and licensed by the applicable licensing board or entity in the state of current practice.

1.9.2. The Contractor must submit copies of recertification and licensing renewal upon recertification or license renewal, thereafter.

1.10. Reporting

1.10.1. The Contractor must work with other MDT members to prepare a written report of the MDT’s decision in Section 1.8.5., in accordance with RSA 135-E. The Contractor must ensure the report includes, but is not limited to:

1.10.1.1. Identification of MDT members and the dates that the

MDT met.

1.10.1.2. Description of the assessment and evaluation conducted by the MDT, including, but not limited to:

1.10.1.2.1. A summary of information and documents

reviewed.

1.10.1.2.2. Whether or not a personal interview was

conducted.

1.10.1.2.3. A list of the assessment and evaluative

instruments completed or administered by the MDT, if any.

1.10.1.2.4. The MDT’s determination as to whether the

person convicted of a sexually violent offense meets the definition of sexually violent predator, as defined in RSA 135-E, and the reasons for the determination.

1.10.1.2.5. The MDT’s determination as to whether or

not the person has a mental abnormality or personality disorder; the identification of the mental abnormality or personality disorder; and the reasons for its determination.

v. 1.0 Page 3 of 9 Date __________

1.10.1.2.6. The MDT’s determination as to whether or

not the diagnosed mental abnormality or personality disorder makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment, and the reasons for its determination.

1.10.1.3. Signatures by all MDT members.

1.10.2. The Contractor must ensure each report is submitted to the

Department pursuant to and within the time frame established by RSA 135-E.

1.11. Confidential Data

1.11.1. The Contractor must meet all information security and privacy requirements as set by the Department and in accordance with the Department’s Information Security Requirements Exhibit as referenced below.

1.11.2. The Contractor must ensure any individuals involved in delivering services through this Agreement contract sign an attestation agreeing to access, view, store, and discuss Confidential Data in accordance with federal and state laws and regulations and the Department’s Information Security Requirements Exhibit. The Contractor must ensure said individuals have a justifiable business need to access confidential data. The Contractor must provide attestations upon Department request.

1.12. Department Owned Devices, Systems and Network Usage

1.12.1. If Contractor End Users, defined in the Department’s Information

Security Requirements Exhibit that is incorporated into this Agreement, are authorized by the Department’s Information Security Office to use a Department issued device (e.g. computer, tablet, mobile telephone) or access the Department network in the fulfilment of this Agreement, each End User must:

1.12.1.1. Sign and abide by applicable Department and New

Hampshire Department of Information Technology (NH DoIT) use agreements, policies, standards, procedures and guidelines, and complete applicable trainings as required;

1.12.1.2. Use the information that they have permission to access solely for conducting official Department business and agree that all other use or access is strictly forbidden including, but not limited, to personal or other private and

v. 1.0 Page 4 of 9 Date __________ non-Department use, and that at no time shall they access or attempt to access information without having the express authority of the Department to do so;

1.12.1.3. Not access or attempt to access information in a manner inconsistent with the approved policies, procedures, and/or agreement relating to system entry/access;

1.12.1.4. Not copy, share, distribute, sub-license, modify, reverse engineer, rent, or sell software licensed, developed, or being evaluated by the Department, and at all times must use utmost care to protect and keep such software strictly confidential in accordance with the license or any other agreement executed by the Department;

1.12.1.5. Only use equipment, software, or subscription(s)

authorized by the Department’s Information Security Office or designee;

1.12.1.6. Not install non-standard software on any Department equipment unless authorized by the Department’s Information Security Office or designee;

1.12.1.7. Agree that email and other electronic communication messages created, sent, and received on a Department-issued email system are the property of the Department of New Hampshire and to be used for business purposes only. Email is defined as “internal email systems” or “Department-funded email systems.”

1.12.1.8. Agree that use of email must follow Department and NH DoIT policies, standards, and/or guidelines; and

1.12.1.9. Agree when utilizing the Department’s email system:

1.12.1.9.1. To only use a Department email address

assigned to them with a “@ affiliate.DHHS.NH.Gov”.

1.12.1.9.2. Include in the signature lines information

identifying the End User as a non-Department workforce member; and

1.12.1.9.3. Ensure the following confidentiality notice is

embedded underneath the signature line:

CONFIDENTIALITY NOTICE: “This message may contain information that is privileged and confidential and is intended only for the use of the individual(s) to whom it is addressed. If

v. 1.0 Page 5 of 9 Date __________ you receive this message in error, please notify the sender immediately and delete this electronic message and any attachments from your system. Thank you for your cooperation.”

1.12.1.10. Contractor End Users with a Department issued email, access or potential access to Confidential Data, and/or a workspace in a Department building/facility, must:

1.12.1.10.1. Complete the Department’s Annual

Information Security & Compliance Awareness Training prior to accessing, viewing, handling, hearing, or transmitting Department Data or Confidential Data.

1.12.1.10.2. Sign the Department’s Business Use and

Confidentiality Agreement and Asset Use Agreement, and the NH DoIT Department wide Computer Use Agreement upon execution of the Agreement and annually thereafter.

1.12.1.10.3. Only access the Department’s intranet to

view the Department’s Policies and Procedures and Information Security webpages.

1.12.1.11. Contractor agrees, if any End User is found to be in violation of any of the above terms and conditions, said End User may face removal from the Agreement, and/or criminal and/or civil prosecution, if the act constitutes a violation of law.

1.12.1.12. Contractor agrees to notify the Department a minimum of three business days prior to any upcoming transfers or terminations of End Users who possess Department credentials and/or badges or who have system privileges.

If End Users who possess Department credentials and/or badges or who have system privileges resign or are dismissed without advance notice, the Contractor agrees to notify the Department’s Information Security Office or designee immediately.

1.13. Contract End-of-Life Transition Services

1.13.1. General Requirements

v. 1.0 Page 6 of 9 Date __________

1.13.1.1. If applicable, upon early termination or expiration of the Agreement the parties agree to cooperate in good faith to effectuate a secure transition of the services (“Transition Services”) from the Contractor to the Department and, if applicable, the new Contractor (“Recipient”) engaged by the Department to assume the services. Ninety (90) days prior to the end-of the contract or unless otherwise specified by the Department, the Contractor must begin working with the Department and if applicable, the Recipient to develop a Data Transition Plan (DTP). The Department shall provide the DTP template to the Contractor.

1.13.1.2. The Contractor must assist the Recipient, in connection with the transition from the performance of Services by the Contractor and its End Users to the performance of such Services. This may include assistance with the secure transfer of records (electronic and hard copy),transition of historical data (electronic and hard copy), the transition of any such Service from the hardware, software, network and telecommunications equipment and internet-related information technology infrastructure (“Internal IT Systems”) of Contractor to the Internal IT Systems of the Recipient and cooperation with and assistance to any third-party consultants engaged by Recipient in connection with the Transition Services.

1.13.1.3. If a system, database, hardware, software, and/or

software licenses (Tools) was purchased or created to manage, track, and/or store Department Data in relationship to this contract said Tools will be inventoried and returned to the Department, along with the inventory document, once transition of Department data is complete.

1.13.1.4. The internal planning of the Transition Services by the Contractor and its End Users shall be provided to the Department and if applicable the Recipient in a timely manner. Any such Transition Services shall be deemed to be Services for purposes of this Agreement.

1.13.1.5. In the event the data Transition extend beyond the end of the Agreement, the Contractor agrees that the Information Security Requirements, and if applicable, the Department’s Business Associate Agreement terms and

v. 1.0 Page 7 of 9 Date __________ conditions remain in effect until the Data Transition is accepted as complete by the Department.

1.13.1.6. In the event the Contractor has comingled Department Data and the destruction or Transition of said data is not feasible, the Department and Contractor will jointly evaluate regulatory and professional standards for retention requirements prior to destruction, refer to the terms and conditions of the Department’s DHHS Information Security Requirements Exhibit.

1.13.2. Completion of Transition Services

1.13.2.1. Each service or transition phase shall be deemed

completed (and the transition process finalized) at the end of fifteen (15) business days after the product, resulting from the Service, is delivered to the Department and/or the Recipient in accordance with the mutually agreed upon Transition plan, unless within said fifteen

(15) business day term the Contractor notifies the Department of an issue requiring additional time to complete said product.

1.13.2.2. Once all parties agree the data has been migrated the Contractor will have thirty (30) days to destroy the data per the terms and conditions of the Department’s Information Security Requirements Exhibit.

1.13.3. Disagreement over Transition Services Results

1.13.3.1. In the event the Department is not satisfied with the results of the Transition Service, the Department shall notify the Contractor, in writing, stating the reason for the lack of satisfaction within fifteen (15) business days of the final product or at any time during the data Transition process. The Parties shall discuss the actions to be taken to resolve the disagreement or issue. If an agreement is not reached, at any time the Department shall be entitled to initiate actions in accordance with the Agreement.

2. Exhibits Incorporated

2.1. The Contractor must manage all confidential data related to this Agreement in accordance with the terms of Exhibit D, DHHS Information Security Requirements.

2.2. The Contractor must use and disclose Protected Health Information in compliance with the Standards for Privacy of Individually Identifiable Health Information (Privacy Rule) (45 CFR Parts 160 and 164) under the Health

v. 1.0 Page 8 of 9 Date __________

Insurance Portability and Accountability Act (HIPAA) of 1996, and in accordance with the attached Exhibit E, Business Associate Agreement, which has been executed by the parties.

3. Additional Terms

3.1. Impacts Resulting from Court Orders or Legislative Changes

3.1.1. The Contractor agrees that, to the extent future state or federal legislation or court orders may have an impact on the Services described herein, the State has the right to modify Service priorities and expenditure requirements under this Agreement so as to achieve compliance therewith.

3.2. Credits and Copyright Ownership

3.2.1. All documents, notices, press releases, research reports and other materials prepared during or resulting from the performance of the services of the Agreement must include the following statement, “The preparation of this (report, document etc.) was financed under an Contract with the State of New Hampshire, Department of Health and Human Services, with funds provided in part by the State of New Hampshire and/or such other funding sources as were available or required, e.g., the United States Department of Health and Human Services.”

3.2.2. All materials produced or purchased under the Agreement must have prior approval from the Department before printing, production, distribution or use.

3.2.3. The Department must retain copyright ownership for any and all original materials produced, including, but not limited to reports, protocols, guidelines, brochures, posters, and resource directories.

3.2.4. The Contractor must not reproduce any materials produced under the Agreement without prior written approval from the Department.

4. Records

4.1. The Contractor must keep records that include, but are not limited to:

4.1.1. Books, records, documents and other electronic or physical data evidencing and reflecting all costs and other expenses incurred by the Contractor in the performance of the Contract, and all income received or collected by the Contractor.

4.1.2. All records must be maintained in accordance with accounting procedures and practices, which sufficiently and properly reflect all such costs and expenses, and which are acceptable to the Department, and to include, without limitation, all ledgers, books, records, and original evidence of costs such as purchase requisitions

v. 1.0 Page 9 of 9 Date __________ and orders, vouchers, requisitions for materials, inventories, valuations of in-kind contributions, labor time cards, payrolls, and other records requested or required by the Department.

4.1.3. Records regarding the provision of services and all invoices submitted to the Department to obtain payment for such services.

4.1.4. Medical records on each patient/recipient of services.

4.2. During the term of this Agreement and the period for retention hereunder, the

Department, the United States Department of Health and Human Services, and any of their designated representatives must have access to all reports and records maintained pursuant to the Agreement for purposes of audit, examination, excerpts and transcripts.

4.3. If, upon further review, the Department must disallow any expenses claimed by the Contractor as costs hereunder, the Department retains the right, at its discretion, to deduct the amount of such expenses as are disallowed or to recover such sums from the Contractor.