DDS Contracting Forms - Attachment C 2026.pdf

ATTACHMENT C: 2025

STATEMENT OF APPLICABLE

STATUTES, REGULATIONS, MANUALS, POLICIES AND PROCEDURES

I. STATUTES

A. STATE STATUTES

1. Massachusetts General Laws. Chapter 19B and Chapter 123B.The Department of Developmental Services.

2. Massachusetts General Laws. Chapter 19C. The Disabled Persons Protection Commission.

3. Massachusetts General Laws. Chapter 66A. Fair Information Practices

4. Massachusetts General Laws . Chapter 93H. Security Breaches.

5. Massachusetts General Laws. Chapter 118E, §§ 13C and 13D (Chapter 257 of the Acts of 2008)

6. General Appropriation Act for the Maintenance of the Departments, Boards, Commissions, Institutions and Certain Activities of the Commonwealth.

B. FEDERAL STATUTES

1. 31 U.S.C. § § 7505-7507. Requirements for Single Audits.

2. 42 U.S.C § § 301-1397f. Social Security Act.

3. Public Law 104-191. The Health Insurance Portability and Accountability Act of 1996 (HIPAA), II. REGULATIONS

A. STATE REGULATIONS

1. Department of Developmental Services: 115 CMR et seq., as applicable.

2. Executive Office of Health and Human Services: 101 CMR et seq., as applicable. See https://www.mass.gov/lists/provider-payment-rates-purchase-of-service and https://www.mass.gov/lists/provider-payment-rates-community-health-care-providers-ambulatory-care.

3. Executive Office for Administration and Finance: 801 CMR et seq., as applicable.

4. Operational Service Division-Division of Purchased Services: 808 CMR et seq., as applicable. See:

https://www.mass.gov/service-details/osd-statutory-authority-regulations-executive-orders-and-policies.

5. Office of the Comptroller: 815 CMR et seq., as applicable.

6. Fair Information Practices Act: 801 CMR 3.00;

7. Standards for the Protection of Personal Information of Residents of the Commonwealth: 201 CMR 17.00

8. Disabled Persons Protection Commission: 118 CMR et seq., as applicable.

B. FEDERAL REGULATIONS

1. Health Insurance Portability and Accountability Act of 1996 as amended by the Breach Notification Requirements of the HITECH Act. 45 CFR Part 160 and Subparts A and E of Part 164.

III. MANUALS

A. Commonwealth of Mass: Operational Services Division. Conducting Best Value Procurements (and amendments thereto).

See link to: best value procurement handbook B. Operational Services Division: Online Procurement System. See https://www.mass.gov/learn-about-commbuys.

C. Department of Developmental Services: DDS POS Contracts Information and POS Manual and Amendments thereto. See https://www.mass.gov/lists/dds-pos-contracts-information.

D. Office of the Comptroller: MMARS Manual, Vendor Forms and Policies. See https://www.macomptroller.org/vendors.

E. Operational Service Division: Uniform Financial Report E-File System and Manuals. See https://ufr.osd.state.ma.us/.

IV. FISCAL, ADMINISTRATIVE AND PROGRAMMATIC REPORTS

Enterprise Invoice/Service Management System Policies and Reports. See https://www.mass.gov/enterprise-invoiceservice-management-eim-esm.

V. POLICIES

The Provider shall comply with the EOHHS Standardized Policy on Criminal Background Checks for Providers and State Agencies and all applicable DDS Policies and Procedures as may from time to time be issued by the DDS Commissioner.

See DDS Policies: https://www.mass.gov/lists/dds-policies.

VI. PROCEDURES

A. DDS Provider Non-Retaliation: The Provider shall ensure that no person, including, but not limited to, any client, family member or employee of DDS or provider shall be subject to retaliation by reason of the persons acting to protect the rights of a client, including, but not limited to filing a complaint pursuant to 115 CMR 9.00, or filing a report with or providing information to DPPC pursuant to G. L. c. 19C. Failure of any Provider to comply may result in cancellation of this contract, refusal to enter into subsequent contracts or other action deemed appropriate by the Commissioner of DDS.

B. DDS Quality Assurance: The provider shall comply with DDS’s procedures regarding the monitoring of the quality and effectiveness of the community-based services. These procedures shall provide for, but not be limited to, licensing or accreditation determinations, Independent Professional Review (IPR), Individual Support Plan (ISP) monitoring, family/citizen monitoring, and program evaluations.

C. Mid-Year Termination: In the event that this contract is terminated by either party prior to the end of a fiscal year, the provider shall be entitled to reimbursement for units provided that were properly authorized by the appropriate Area/Regional Office.

D. Indemnification: No provider shall require an individual or his/her parent or guardian to sign any form that would indemnify and hold harmless the provider and its employees against any and all injury, loss, claim, action, damage, or liability arising out of any act, failure to act, or negligence as a condition to receiving services funded under this or any other DDS contract for the purchase of services.

E. HIPAA: The provider who is a covered entity under HIPAA regulations shall comply with applicable HIPAA rules and requirements.

F. Major Level Incidents Reporting: DDS providers must report all incidents in accordance with applicable HCSIS standards involving individuals who are served in a DDS licensed program. For any individual whose services at the program are not funded by the Massachusetts Department of Developmental Services, the provider is required to file a report only on “major” level of review incidents, as the term is defined in HCSIS. In those instances, the provider shall submit a written report on the major incident to the DDS Regional Office associated with the geographic location of the licensed program and send a copy to the funding agency or payer of the individual’s services at the licensed program. Providers are responsible for assuring that follow-up has occurred with the funding agency or payer.

VII. SPECIAL INFORMATION REQUESTS

Such other single reports as may from time to time to be reasonably requested on limited occasions by the DDS pursuant to its obligation to monitor and evaluate services.

B. ATTACHMENT C_-- Special Provisions

Per an Interagency Service Agreement between the Department of Developmental Services (DDS) and the Executive Office of Health and Human Services (EOHHS) relative to the provision of PCA services, the contractor will:

1. Not seek PCA services for any consumer funded through this contract who receives 24 hour per day direct support. An increased need should be addressed through the DDS process.

2. Not seek PCA services for a consumer funded through this contract without written prior approval from the DDS Area or

Regional Director for any consumer who receives fewer than 24 hours per day of direct support through this contract.

3. Provide the necessary supports to meet the needs relative to the Activities of Daily Living (ADL) and the Instrumental

Activities of Daily Living (IADL) as set forth in 130 CMR 422, 410 for any consumer for whom PCA services are being sought commensurate with the resources made available by the Department at the onset of less than 24 hour residential services provided through this contract.

4. Cooperate with the staff of DDS, EOHHS, or their designees in order to access the appropriateness of PCA supports for any consumer for whom such supports are being sought.

CRITICAL SERVICES PROCUREMENT

(Applies to Residential Services Programs)

In order to ensure continuity of care to Commonwealth clients where a Service Contract for a residential program has been terminated because of a provider Contractor's breach, the Executive Office of Health and Human Services ("EOHHS") has promulgated the following standard Secretariat Condition applicable to all residential services for which EOHHS Purchasing Agencies purchase at least 50% of the capacity of the residential program. Service contracts to which this provision applies shall be deemed Critical Services Contracts. Where more than one EOHHS Purchasing Agency purchases the program, the Principal Purchasing Agency, or other Purchasing Agency designated by EOHHS ("EOHHS Purchasing Agency") shall be responsible for coordinating or otherwise negotiating on behalf of the Commonwealth as described below.

In the event of termination under Section 4 of the Commonwealth Terms and Conditions for Human and Social Services ("T/C- HSS") for the provider Contractor's breach, default or emergency of a Critical Service Contract, the following additional provision shall apply:

Upon the request of the EOHHS Purchasing Agency, the provider Contractor shall participate in good faith negotiations with the EOHHS Purchasing Agency, the Successor Provider and, where appropriate, the building owner and financial institution, over the temporary use and occupancy of the building by the Successor Provider. The scope of negotiations shall include, but not be limited to, the duration and other terms of the temporary use and occupancy. While nothing in this Condition shall require any party to the negotiations to reach an agreement, the parties shall make their best efforts to ensure the continuity of residential client care while the EOHHS Purchasing Agency is identifying alternative residential locations.

This provision shall remain in effect until the enactment of legislation authorizing the court appointment of a receiver in emergency situations in which clients of a provider Contractor are in imminent danger of harm.