Tech_Expertise_in_NH_Enforcement_SOW_2017.docx

Nursing Home Enforcement Consultant Statement of Work (SOW)

Purpose and Requirements Overview The Centers for Medicare & Medicaid Services (CMS) has a variety of tools to encourage skilled nursing facilities (SNF) and nursing facilities (NF) to attain and maintain compliance with long term care statutes and regulations. Some of these tools include imposition of civil money penalties (CMPs), denial of payment for new admissions, temporary facility management, and others as outlined in regulation and policy. When surveyors identify facility noncompliance, the Regional Office decides the appropriate remedy(ies).

The Affordable Care Act established several SNF and NF policy enforcement provisions. One provision affords residents advance notification of the facility closure, and another provision established a Federal CMP fund that can be used to benefit SNF and NF residents based on 90% of the Federal portion of CMP funds. To advance CMS’ enforcement provisions related to notification, CMP provisions and consistency of enforcement remedies across Regions, CMS is seeking assistance for policy and process development from a candidate with expertise in SNF/NF regulatory and enforcement activities and remedies.

The selected candidate will demonstrate extensive current knowledge and experience in SNF and NF regulation, enforcement and certification policy and procedure. The selected individual will provide high-level professional consultative and collaborative services to CMS and its partners and demonstrate expertise in project management, meeting facilitation, and information gathering and dissemination.

Contract Administration The selected candidate shall provide the resources necessary to perform the tasks of the contract. No diversion from this SOW shall be made by the selected candidate without the prior written consent of the Contracting Officer (CO) and Contracting Officer Representative (COR).

Task 1: Status Reporting As directed by the COR, the selected candidate will meet via conference call to discuss current activities and work planned; this is anticipated to be once a month. The selected candidate will provide a monthly status report which shall outline the work completed during the prior month, planned and in progress work, and issues encountered. Memoranda will be submitted via email to the COR by the 10th day of the month following performance.

Deliverable 1.1 Monthly Report

Task 2: Consultation and Collaboration Services and Expertise The selected candidate as directed by the COR shall provide consultative and collaborative services to the DNH and its partners regarding SNF/NF policy issues via telephone, video conferences, in-person meetings, reports, email, and during stakeholder meetings. This includes reviewing and commenting on various work products, and advising DNH on implications to enforcement policies. The selected candidate shall submit a report to the COR of all stakeholder meetings and other events attended outlining meeting conclusions, the possible affects to DNH polices and, if applicable, suggested policy changes.

Deliverable 2.1 DNH Policy Issues Report Deliverable 2.2 Stakeholder Meeting Report

Task 3: Enforcement and Regulatory Policy and Procedure Development The selected candidate will assist CMS staff with the development of SNF and NF regulatory, enforcement and certification policies and procedures including but not limited to:

· Developing draft guidance for the State Operations Manual (SOM) and related Appendices;

· Drafting CMP instructions and guidance;

· Assisting CMS with the national effort to improve consistency in the imposition of Federal remedies, including CMPs;

· Assisting CMS with the implementation of the electronic Plans of Correction initiative; and

· Providing feedback and assisting with training.

The selected candidate will provide advice and guidance on other DNH initiatives as directed by the COR. This may take the form of reviewing documents and providing expert opinion on the impacts to regulatory, enforcement, and certification policies.

Deliverable 3.1 Work Product Review

Task 4: Summary Report The selected candidate shall provide a final report summarizing the work performed and deliverables created under this SOW. The selected candidate shall submit a final period of performance report which includes but is not be limited to:

· Identification of all deliverables;

· Challenges and barriers to implementing new guidance and policies;

· Suggestions for new and/or improved enforcement regulations; and

· Suggestions for future nursing home regulation and policy activities.

Deliverable 4.1 Summary Report

Meetings and Travel The selected consultant is required to be accessible to the COR/designee by telephone and to participate (in person and telephonically) in CMS meetings as designated by the COR/designee. The selected consultant may be required to travel within the contiguous United States up to five times per contract period. Travel includes, but is not limited to, meetings convened at CMS headquarters in Baltimore, Maryland, CMS external stakeholder and partner meetings, SNF and NF policy training, and as directed by the COR/designee. Travel cost (local and non-local to the selected consultant) funded through the contract. No additional funding will be requested by the selected consultant.

Place of Performance The selected candidate is not required to reside in the greater Baltimore, Maryland metropolitan area, however the selected candidate is required to travel and be telephonically available as directed by the COR/designee.

Period of Performance September 9, 2017 to September 8, 2018

Requirements All work performed under this contract shall be performed under the general guidance and monitoring of the CMS COR. All purchase order deliverables are subject to CMS approval. Deliverables which do not meet the requirements and specifications of the COR/designee will not be accepted. The selected candidate is responsible for deliverable re-submission. Repeated non-acceptable deliverables is a breach of agreement.

Qualifications This SOW requires the consultative services of a person with extensive, current experience with enforcement of SNF/NF policy and procedures. The selected candidate will be interacting directly with multiple stakeholders and must have a thorough knowledge of the structure and practices of CMS Central Office, Regional Offices (RO), and State Agencies (SA). The selected candidate must have current knowledge of DNH initiatives. The selected candidate must have expert knowledge in the development, review, and revision of LTC interpretive guidance, CMS policies for nursing homes and the state Operations Manual, specifically Chapters 1-7 and Appendices P and PP. The selected candidate will be fluent in the use of the current MS Office Suite and other software as (deliverable task) required. Additionally, the selected candidate shall have demonstrated successful project management skills which include emergent time lines. Finally, the DNH routinely receives requests for information from internal and external customers such as Congress, other governmental agencies, provider groups, attorneys, lobbyists, and the public. The selected candidate must demonstrate successful articulation skills, which demonstrates knowledge of DNH enforcement policies and procedures.

Government Furnished Property and Information Independently, and not as an agent of the Government, the selected candidate will furnish the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government, as needed to perform the requirements of this SOW. There is no Government Furnished Property (GFP) provided for this contract. The selected candidate will supply their own copy of Microsoft Word, Excel, and PowerPoint, and have access to a telephone, fax machine or scanner and an e-mail account.

Government Furnished Information (GFI) will be provided in conjunction with required performance under this SOW as determined by CMS. The selected candidate shall become familiar with CMS-provided background materials and shall identify any additional information required from CMS within ten business days of the award of this contract. All documents and materials pertaining to the nursing policy are confidential, unless otherwise specified by the COR/designee. As such, any party granted access to the confidential materials must have prior written approval from the CMS contracting officer and the granted access party must sign a non-disclosure statement. The signed approved original non-disclosure statement must be on file with the CMS Office of Acquisition and Grants Management and the CMS DNH prior to the review of materials. All materials created subsequent to this SOW are and remain the property of CMS.

Acceptance Criteria The selected candidate will deliver all products to the COR/designee, or other designees as directed by the COR/designee, in a timely fashion to meet the needs of the Division as outlined in this contract – this may include quick turn-around situations where emergent issues are under a tight deadline. Electronic transmission will be the primary deliverable delivery mechanism; however, the selected candidate will also provide hard copies as directed by the COR/ designee to CMS. This SOW requires the selected candidate as directed by the COR/designee to be present for consultation with DNH staff and designees as necessary to complete work assigned.

The COR/designee will notify the selected candidate of deliverable acceptance and provide written comments within ten business days of receipt of a deliverable. Within ten business days of the receipt of the COR/designee’s written comments, the selected candidate will resubmit the deliverable to the COR/designee.

SECTION 508 - Accessibility of Electronic and Information Technology

(a) This task order is subject to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by the workforce Investment Act of 1998 (P.L. 105-220). Specifically, subsection 508(a)(1) requires that when the Federal Government procures Electronic and Information Technology (EIT), the EIT must allow Federal employees and individuals of the public with disabilities comparable access to and use of information and data that is provided to Federal employees and individuals of the public without disabilities.

(b) The EIT accessibility standards at 36 CFR Part 1194 were developed by the Architectural and Transportation Barriers Compliance Board ("Access Board") and apply to contracts and task/delivery orders, awarded under indefinite quantity contracts on or after June 25, 2001.

(c) Each Electronic and Information Technology (EIT) product or service furnished under this contract shall comply with the Electronic and Information Technology Accessibility Standards (36 CFR 1194), as specified in the contract, as a minimum. If the Contracting Officer determines any furnished product or service is not in compliance with the contract, the Contracting Officer will promptly inform the Contractor in writing. The Contractor shall, without charge to the Government, repair or replace the non-compliant products or services within the period of time to be specified by the Government in writing. If such repair or replacement is not completed within the time specified, the Government shall have the following recourses:

1. Cancellation of the contract, delivery or task order, purchase or line item without termination liabilities; or

2. In the case of custom Electronic and Information Technology (EIT) being developed by a contractor for the Government, the Government shall have the right to have any necessary changes made or repairs performed by itself or by another firm for the noncompliant EIT, with the contractor liable for reimbursement to the Government for any expenses incurred thereby.

(d) The contractor must ensure that all EIT products that are less than fully compliant with the accessibility standards are provided pursuant to extensive market research and are the most current compliant products or services available to satisfy the contract requirements.

(e) For every EIT product or service accepted under this contact by the Government that does not comply with 36 CFR 1194, the contractor shall, at the discretion of the Government, make every effort to replace or upgrade it with a compliant equivalent product or service, if commercially available and cost neutral, on either a contract specified refresh cycle for the product or service, or on a contract effective option/renewal date; whichever shall occur first.

Section 508 Compliance for Communications The (Contractor name goes here) shall comply with the standards, policies, and procedures below. In the event of conflicts between the referenced documents and this SOW, PWS, or TO, the SOW, PWS, or TO shall take precedence.

Rehabilitation Act, Section 508 Accessibility Standards

1. 29 U.S.C. 794d (Rehabilitation Act as amended)

2. 36 CFR 1194 (508 Standards)

3. www.access-board.gov/sec508/508standards.htm (508 standards)

4. FAR 39.2 (Section 508)

5. CMS/HHS Standards, policies and procedures (Section 508) In addition, all contract deliverables are subject to these 508 standards as applicable.

Regardless of format, all Web content or communications materials produced, including text, audio or video - must conform to applicable Section 508 standards to allow federal employees and members of the public with disabilities to access information that is comparable to information provided to persons without disabilities. All contractors (including subcontractors) or consultants responsible for preparing or posting content must comply with applicable Section 508 accessibility standards, and where applicable, those set forth in the referenced policy or standards documents above. Remediation of any materials that do not comply with the applicable provisions of 36 CFR Part 1194 as set forth in the SOW, PWS, or TO, shall be the responsibility of the contractor or consultant.

The following Section 508 provisions apply to the content or communications material identified in this SOW, PWS, or TO:

36 CFR Part 1194.21 a - l 36 CFR Part 1194.22 a - p 36 CFR Part 1194.31 a - f 36 CFR Part 1194.41 a – c The contractor shall provide a completed Section 508 Product Assessment Template and the contractor shall state exactly how proposed EIT deliverable(s) meet or does not meet the applicable standards.

The following Section 508 provisions apply for software development material identified in this SOW, PWS, or TO:

For software development, the Contractor/Developer/Vendor shall comply with the standards, policies, and procedures below:

Rehabilitation Act, Section 508, Accessibility Standards

(1) 29 U.S.C. 794d (Rehabilitation Act as amended)

(2) 36 CFR 1194 (508 Standards)

(3) www.access-board.gov/sec508/508standards.htm (508 Standards)

(4) FAR 39.2 (Section 508)

(5) CMS/HHS Standards, policies and procedures (Section 508)

For web-based applications, the Contractor shall comply with the standards, policies, and procedures below:

Rehabilitation Act, Section 508, Accessibility Standards

(1) 29 U.S.C. 794d (Rehabilitation Act as amended)

(2) 36 CFR 1194 (508 Standards)

(3) www.access-board.gov/sec508/508standards.htm (508 Standards)

(4) FAR 39.2 (Section 508)

(5) CMS/HHS Standards, policies and procedures (Section 508)

Points of Contact

Schedule of Deliverables

Status Reporting

Consultation and Collaboration Services

Consultation and Collaboration Services

Enforcement and Regulatory Policy and Procedure Development

Summary Report

1 05/10/2017