Electronic Medical Records RFR.docx

Procuring Department:

Department of Youth Services

Boston, MA 02111

BACKGROUND:

The Massachusetts Department of Youth Services (DYS or the Department) is seeking proposals for services to assist in the evaluation and selection of an electronic medical record/electronic health record system to document and manage the health services provided to youth in the care and custody of the Department.

The Department is the Massachusetts juvenile justice agency charged to provide a comprehensive and coordinated program of services to youth between the ages of 12 and 21 who are referred or committed to the Department by the courts; community services for the prevention of juvenile delinquency; and services and facilities for the study, diagnosis, care, treatment, including medical and behavioral health and social services, education training and rehabilitation of all youth referred or committed.

The Department contracts for health services for youth in DYS programs located within the Department’s 5 regions (Central, Metro, Southeast, Northeast, and Western regions). Programs differ in size, program focus, and location. There is one healthcare services provider under contract to serve youth in each of the 5 regions. The healthcare services provided through these contracts are most closely aligned with that of an outpatient adolescent care clinic providing both episodic and primary care services. The medical records and health information on youth are currently paper records maintained by the contracted healthcare service providers.

Healthcare provided through the contract includes services to detained youth and committed youth. Detained youth are housed for short periods, generally with lengths of stay measured in numbers of days and committed youth are generally held for longer periods with lengths of stay on average measured in numbers of months.

OVERVIEW:

The requirements for healthcare service delivery are based on the anticipated length of stay. In detention programs, the focus of healthcare service delivery is based on the identification and treatment of acute and chronic health conditions which should be addressed during the anticipated length of stay. In longer term programs that serve the committed population, the focus of healthcare delivery shifts to that of a primary care provider.

Healthcare delivered through the contract includes the provision of both medical and behavioral health care (medication proscribing and management).

The (behavioral health care) program also follows an outpatient clinic model where clinic access is controlled through a network of onsite clinicians (LICSW, LMHC and Ph.D.).

At DYS, personnel providing healthcare through regional contracts consists of an array of Nurse Practitioners, Physician Assistants, Pediatricians, Psychiatrists, Behavioral Health Clinical Nurse Specialists, Registered Nurses, Administrative and Support Personnel who provide direct care, clinical supervision, program support and administration. Each contract uses a distinct staffing array designed specifically to meet the healthcare needs of the population and programs served within the region.

In Calendar Year 2022, there were 564 admissions to the detention programs and 384 committed youth served by the Department. Almost all youth served by DYS are enrolled in Medicaid. During the time that a youth is with the Department, the youth may be placed in more than one program that may be located in a different region.

With an EMR/EHR system, the health information maintained on a youth can be readily accessible to any one of the 5 contracted providers that is providing healthcare services in the region where a youth in initially placed or subsequently moved.

DEADLINE FOR RESPONSES or Procurement Calendar:

The Bidder’s Conference for this RFR is scheduled for The Bidder’s Conference will be held online. Attendees will receive the link to the virtual Bidders conference after submitting a RSVP for their organization representatives, including names and respective email addresses, of those who plan on joining this meeting.

Note: Attendance at the Bidders’ Conference is not a prerequisite for bidding on this procurement. RSVP TO: phillip.w.davis@mass.gov

PRICING:

Responders are requested to submit a proposed budget with expenditure line items for the services they are proposing.

Budgets should offer separate costs for personnel and any travel related costs. The project to expected to be completed in FY23. A budget narrative detailing the proposed costs for each section must be included with the submitted budget.

Any award from this procurement is subject to annual appropriation.

PROPOSAL SUBMISSION

Electronic Submissions - All RFRs posted on COMMBUYS, known as Bids, require the submission of electronic responses, known as Quotes on COMMBUYS. To submit an electronic Quote, Responders must register and maintain an active COMMBUYS Seller subscription account. Questions regarding COMMBUYS should be directed to the COMMBUYS Help Desk at commbuys@state.ma.us.

DYS has attached a job aid to this RFR with instructions on how to submit a Quote in COMMBUYS.

DYS CANNOT ACCEPT HARD COPY RESPONSES TO THIS REQUEST FOR RESPONSES.

1. All pages must be consecutively numbered to facilitate review and cross-referencing during the proposal review process.

2. The inclusion of a Table of Contents will be helpful in assisting the reviewers in finding relevant response information.

Representatives from the Department are available to respond to both programmatic and fiscal questions specific to this RFR. All questions must be sent via e-mail to:

Phillip.w.davis@mass.gov Application Narrative Required Proposal Components Please respond to the following:

1. What is your experience with system evaluations and selections and who were three of your clients for whom you provided this service?

2. How would you go about this particular project, given that it is not mainstream healthcare service system?

3. What type of due diligence would you undertake in terms of identifying EMR/EHR systems for consideration?

4. What are the major components in your approach to assisting the Department in the evaluation and selection of an EMR/EHR software system?

5. How long do you estimate this project will take, from contract signing to selection of an EMR/EHR system?

6. Who will be assigned as the lead for this project and what experience does he/she have in this area?

7. What is the fee that you would charge for this service? Please submit a budget for the proposed project which is expected to be completed in FY23. A budget narrative must be included with the submitted budget.

EVALUATION CRITERIA

DYS utilizes a consensus model of evaluating proposals whereby the evaluation committee members independently read and review all proposals and then meet as a group to discuss and jointly rate all qualified proposals. The committee members are oriented so that there is uniformity, accountability, fairness, and efficiency in the awarding of contracts.

The evaluation committee members may use sources of information other than the Responders written submission to evaluate proposals. DYS may follow-up with Responders via telephone or in-person for clarification of their proposal.

Committee members evaluate each proposal against the established criteria below.

COMMONWEALTH OF MASSACHUSETTS

STANDARD TERMS AND CONDITIONS

GENERAL RFR INFORMATION

Published Date: September 1, 2019 The following RFR provisions must appear in all Commonwealth competitive procurements conducted under 801 CMR 21.00. In general, most of the required contractual stipulations are referenced in the Standard Contract Form and Instructions and the Commonwealth Terms and Conditions for Human and Social Services (also referred to as Purchase of Service).

The terms of 801 CMR 21.00: Procurement of Commodities and Services and 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services, are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00 and 808 CMR 1.00. Additional definitions may also be identified in this RFR. Other terms not defined elsewhere in this document may be defined in OSD’s Glossary of Terms. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, and all cost proposals or figures in U.S. currency. All responses must be submitted in accordance with the specific terms of this RFR.

COMMBUYS Market Center. COMMBUYS is the official source of information for this Bid and is publicly accessible at no charge at www.commbuys.com. Information contained in this document and in COMMBUYS, including file attachments and information contained in the related Bid Questions and Answers (Q&A), are all components of the Bid, as referenced in COMMBUYS, and are incorporated into the Bid and any resulting contract.

Bidders are solely responsible for obtaining all information distributed for this Bid via COMMBUYS. Bid Q&A supports Bidder submission of written questions associated with a Bid and publication of official answers.

It is each Bidder’s responsibility to check COMMBUYS for:

· Any amendments, addenda, or modifications to this Bid, and

· Any Bid Q&A records related to this Bid.

The Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

COMMBUYS Registration. To respond to a Bid, Bidders must register and maintain an active COMMBUYS Seller account. Bidders may elect to obtain a free COMMBUYS Seller registration which provides value-added features, including automated email notification associated with postings and modifications to COMMBUYS records.

All Bidders submitting a Quote (previously referred to as Response) in response to this Bid (previously referred to as Solicitation) agree that, if awarded a contract: (1) they will maintain an active seller account in COMMBUYS; and (2) in the event the Commonwealth adopts an alternate market center system, successful Bidders will be required to utilize such system, as directed by the procuring entity. Commonwealth Commodity Codes are based on the United Nations Standard Products and Services Code (UNSPSC).

COMMBUYS introduces new terminology, with which bidders must be familiar to conduct business with the Commonwealth. To view this terminology and to learn more about COMMBUYS, please visit the Learn about COMMBUYS page on www.mass.gov.

Multiple Quotes. Bidders may not submit Multiple Quotes in response to a Bid unless the RFR authorizes them to do so. If a Bidder submits multiple quotes in response to an RFR that does not authorize multiple responses, only the latest dated quote submitted prior to the bid opening date will be evaluated.

Quote Content. Bid specifications will prevail over any proposed Bidder terms entered as part of the Quote, unless otherwise specified in the Bid.

Supplier Diversity Program (SDP). Massachusetts Executive Order 565 reaffirmed and expanded the Commonwealth’s policy to promote the award of state contracts in a manner that develops and strengthens certified Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Minority and Women Nonprofit Organizations (M/WNPOs), Veteran Business Enterprises (VBEs), Service-Disabled Veteran-Owned Business Enterprises (SDVOBEs), Disability-Owned Business Enterprises (DOBEs), and Lesbian, Gay, Bisexual and Transgender Business Enterprises (LGBTBEs).

In support of this Executive Order, the Commonwealth tracks SDP spending through POS contracts. As a result, providers that are issued a contract from this procurement (Bid) will be required to submit a “Supplier Diversity Program (SDP) Plan Form for Purchase of Service (POS)” with their Uniform Financial Report (UFR) through the Operational Services Division’s (OSD) eFiling site. Providers that file a UFR exemption request are to submit the SDP Plan Form for POS with their exemption request. The plan will be evaluated yearly by the Commonwealth Department with the most Purchase of Service funding to a provider during the previous fiscal year. This Department commonly is referred to as the Principal Purchasing Agency (PPA).

Bidders are to submit a copy of their most recently submitted “SDP Plan Form for POS” with their proposal (Quote) for procurements (Bids) in excess of $150,000 to signify to the Procurement Management Team that a form has been submitted. Bidders that do not currently hold POS contracts with Commonwealth Departments are to complete the Form and include it with their proposal. The “SDP Plan Form for POS” may be found at the COMMBUYS Bid Solicitation; File Attachments Section. While the Plan will not be assigned any points in the evaluation process, a Department will not be able to issue a contract to an organization that has not submitted a Plan that demonstrates a strong commitment to working with MBEs, WBEs, M/WNPOs, VBEs, SDVOBEs, DOBEs, and/or LGBTBEs.

Resources available to assist providers in identifying SDP Certified Partners are located on the Supplier Diversity Program webpage at www.mass.gov/sdp. See “Which businesses are eligible to serve as SDP partners?” for resources to identify potential SDP partners.

Best Value Selection and Negotiation. The Procurement Management Team or PMT (also known as Strategic Sourcing Services Team or SSST) may select the response(s) which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the department. If services are not rate regulated, the PMT and a selected bidder, or a contractor, may negotiate a change in any element of contract performance or cost identified in the original RFR or the selected bidder’s or contractor’s response, which results in a more cost effective or better value.

Bidder Communication. Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the PMT regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person for this RFR in the event this RFR is incomplete or the bidder is having trouble obtaining any required attachments electronically through COMMBUYS.

Contract Expansion. If additional funds become available during the contract duration period, the department reserves the right to increase the maximum obligation or the number of units purchased to some or all contracts executed as a result of this RFR or to execute contracts with contractors not funded in the initial selection process, subject to available funding, satisfactory contract performance, and service need.

Costs. Costs which are not specifically identified in the bidder’s response, and accepted by a department as part of a contract, will not be compensated under any contract awarded pursuant to this RFR. The Commonwealth will not be responsible for any costs or expenses incurred by bidders responding to this RFR.

Debriefing. POS requirement only. Non-successful bidders may request a debriefing from the department that issued the RFR. Department debriefing procedures may be found in the RFR. Non-successful POS bidders aggrieved by the decision of a department must participate in a debriefing as a prerequisite to an administrative appeal.

Debriefing/Appeals: Administrative Appeals to Departments. POS requirement only. Non-successful bidders who participate in the debriefing process and remain aggrieved with the decision of the department may appeal that decision to the department head. Department appeal procedures may be found in the RFR.

Debriefing/Appeals: Administrative Appeals to OSD. POS requirement only. Non-successful bidders who participate in the department appeal process and remain aggrieved by the selection decision of the department may appeal the department decision to the Operational Services Division. The basis for an appeal to OSD is limited to the following grounds:

1. The competitive procurement conducted by the department failed to comply with applicable regulations and guidelines. These would be limited to the requirements of 801 CMR 21.00 or any successor regulations, the policies in the OSD Procurement Information Center, subsequent policies and procedures issued by OSD, and the specifications of the RFR; or

1. There was a fundamental unfairness in the procurement process. The allegation of unfairness or bias is one that is easier to allege than prove, consequently, the burden of proof rests with the bidder to provide sufficient and specific evidence in support of its claim. OSD will presume that departments conducted a fair procurement absent documentation to the contrary.

Requests for an appeal must be sent to the attention of the Operational Services Division, Legal, Policy and Compliance Office, Room 1017, One Ashburton Place, Boston, MA 02108 and be received within fourteen (14) calendar days of the postmark of the notice of the department head’s decision on appeal. Appeal requests must specify in sufficient detail the basis for the appeal. Sufficient detail requires a description of the published policy or procedure which was applied and forms the basis for the appeal and presentation of all information that supports the claim under paragraphs 1 or 2 above. OSD reserves the right to reject appeal requests based on grounds other than those stated above or those submitted without sufficient detail on the basis for the appeal.

The decision of the Operational Services Division shall be rendered, in writing, setting forth the grounds for the decision within sixty (60) calendar days of receipt of the appeal request. Pending appeals to the Operational Services Division shall not prohibit the department from proceeding with executing contracts.

Electronic Communication/Update of Bidder’s/Contractor’s Contact Information. It is the responsibility of the prospective bidder and awarded contractor to keep current on COMMBUYS the email address of the bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the PMT, including requests for clarification. The PMT and the Commonwealth assume no responsibility if a prospective bidder’s/awarded contractor’s designated email address is not current, or if technical problems, including those with the prospective bidder’s/awarded contractor’s computer, network, or internet service provider (ISP) cause email communications sent to/from the prospective bidder/awarded contractor and the PMT to be lost or rejected by any means including email or spam filtering.

Electronic Funds Transfer (EFT). All Bidders must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments. Additional information about EFT is available on the Comptroller’s VendorWeb site located at: https://massfinance.state.ma.us/VendorWeb/vendor.asp.

Upon notification of award, Contractors are required to enroll in EFT by completing and submitting the “Authorization for Electronic Funds Payment Form” to the SSST for review, approval, and forwarding to the Office of the Comptroller, unless already enrolled in EFT. A copy of the form will be supplied to the successful bidder upon award. This form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request.

Executive Order 509, Establishing Nutrition Standards for Food Purchased and Served by State Agencies. Food purchased and served by state agencies must comply with Executive Order 509, issued in January 2009. Under this Executive Order, all contracts resulting from procurements posted after July 1, 2009, that involve the purchase and provision of food must comply with nutrition guidelines established by the Massachusetts Department of Public Health (DPH). The nutrition guidelines are available at the Department’s website: Executive Order # 509 Guidance.

Filing Requirements. Successful bidders must have filed their Uniform Financial Statements and Independent Auditor's Report (UFR), as required for current contractors, with the Operational Services Division via the Internet using the UFR eFiling application for the most recently completed fiscal year before a contract may be executed and services begin. Other contractor qualification/risk management reporting requirements and non-filing consequences promulgated by secretariats or departments pursuant to 808 CMR 1.04(3) also may apply. In the event immediate services are required by a department, a contract may be executed and services may begin with the approval of OSD or the appropriate secretariat. However, unless authorized by OSD or the appropriate secretariat, the contractor will not be paid for any such services rendered until the UFR has been filed.

HIPAA: Business Associate Contractual Obligations. Bidders are notified that any department meeting the definition of a Covered Entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) will include in the RFR and resulting contract sufficient language establishing the successful bidder’s contractual obligations, if any, that the department will require to comply with HIPAA and the privacy and security regulations promulgated thereunder (45 CFR Parts 160, 162, and 164) (the Privacy and Security Rules). For example, if the department determines that the successful bidder is a business associate performing functions or activities involving protected health information, as such terms are used in the Privacy and Security Rules, then the department will include in the RFR and resulting contract a sufficient description of business associate’s contractual obligations regarding the privacy and security of the protected health information, as listed in 45 CFR 164.314 and 164.504 (e), including, but not limited to, the bidder's obligation to: implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information (in whatever form it is maintained or used, including verbal communications); provide individuals access to their records; and strictly limit use and disclosure of the protected health information for only those purposes approved by the department. Further, the department reserves the right to add any requirement during the course of the contract that it determines must be included in the contract to comply with the Privacy and Security Rules. Please see other sections of the RFR for further HIPAA details, if applicable.

Minimum Quote (Bid Response) Duration. Bidders’ Quotes made in response to this Bid must remain in effect for at least 90 days from the date of quote submission.

Public Records. All responses and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Any statements in submitted responses that are inconsistent with these statutes shall be disregarded.

Reasonable Accommodation. Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case by case basis. A bidder requesting accommodation must submit a written statement which describes the bidder’s disability and the requested accommodation to the contact person for the RFR. The PMT reserves the right to reject unreasonable requests.

Restriction on the Use of the Commonwealth Seal. Bidders and contractors are not allowed to display the Commonwealth of Massachusetts Seal in their bid package or subsequent marketing materials if they are awarded a contract, because use of the coat of arms and the Great Seal of the Commonwealth for advertising or commercial purposes is prohibited by law.

Subcontracting Policies. Prior approval of the department is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors. Human and social service subcontractors also are required to meet the same state and federal financial and program reporting requirements and are held to the same reimbursable cost standards as contractors.

Workplace Violence and Prevention and Crisis Response Plan. 101 CMR 19.00, Workplace Violence and Prevention and Crisis Response Plan, governs the procedures and criteria for workplace violence prevention and response plans for programs that provide direct services to clients that are operated, licensed, certified, or funded by a department, commission, office, board, division, institution, or other entity within the Executive Office of Health and Human Services under M.G.L. c. 6A § 16. Any direct service program that contracts with the Executive Office of Health and Human Services (EOHHS) or the constituent agencies of EOHHS must comply with 101 CMR 19.00, including having a plan that meets the criteria set forth in 101 CMR 19.04, which is updated annually, available electronically, and provided to any human service worker upon request. The regulations and response plan guidelines are available at the following web site: www.mass.gov/hhs/HSW-safety-regs.