ESBD_385331_1737153953633_HHS0015404 HHSC Responses to Solicitation Questions.pdf

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Attached to
Medicaid Estate Recovery Program (MERP)
Solicitation number
HHS0015404
Issued by
Texas

About this file

This document contains responses to questions regarding a Request for Proposals (RFP) from the Texas Health and Human Services Commission (HHSC) for the Medicaid Estate Recovery Program (MERP) solicitation HHS0015404. The document covers questions about formatting requirements, submission guidelines, staffing requirements, and operational details for the MERP program. Key clarifications include that the narrative proposal should not exceed 25 pages with specified formatting requirements, project attorneys do not need to be licensed in Texas, and the contract will involve processing approximately 900,000 records monthly with an average of 2,306 new cases opened each month.

The document reveals operational metrics including an average of 21 cases recovered monthly and 2,414 cases closed without recovery monthly. In FY2024, 222 hardship waivers were processed. MERP payments are made payable to and deposited by HHSC directly, rather than through contractor accounts. The state confirmed there is an automated interface with Texas Vital Statistics for death records, though many process details are noted as being handled by the contractor. Several data points were listed as not available since they are managed by the current contractor, including call/email volumes and breakdowns of incoming cases by source.

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PCS 134 HHS Responses to Questions

Effective Date 06/26/2015 Version 1.00 Page 1 of 8 Revision Date 09/13/2023

Solicitation Title: Medicaid Estate Recovery Program (MERP)

Solicitation Number: HHS0015404

Solicitation Reference

Solicitation Topic Question

Response

1.

RFP Section 3.3.4

Solicitation Questions

Will that State share a list of all companies that submitted questions or articles for clarification in relation to this solicitation?

No. The information may be requested through an open records request at:

https://www.hhs.texas.gov/about/contact-us/open-records-policy-procedures

2.

3.5.2

Page Limit and Supporting Documentation

Do respondents need to use Times New Roman, 12-point font, for section headings? What about descriptive or caption-related text?

As stated in Section 3.5.2 (Page Limit and Supporting Documentation) of the Solicitation, “the narrative proposal should not exceed twenty-five (25) pages and should be formatted for 8 ½" x 11" paper with 1-inch margins and typed in Times New Roman, 12-point font. If complete responses cannot be provided without referencing supporting documentation, such documentation must be provided with the Solicitation Response, with specific reference made to the file, page, section, and/or paragraph where the supporting information can be found.

https://www.hhs.texas.gov/about/contact-us/open-records-policy-procedures

Version 1.00 Page 2 of 8 Revision Date 09/13/2023

Solicitation Reference

Solicitation Topic Question

3.

3.5.2

Page Limit and Supporting Documentation

This section notes that the "narrative proposal should not exceed twenty-five (25) pages."

Can the State confirm that the narrative proposal should consist of responses to Sections 5.1.1, 5.1.2, and 5.1.3, and not responses to any of the requirements under Article VI, such as "Company Information?"

Confirmed. As stated in Section 3.5.2, (Page Limit and Supporting Documentation) of the Solicitation, “the narrative proposal should not exceed twenty-five (25) pages and should be formatted for 8 ½" x 11" paper with 1-inch margins and typed in Times New Roman, 12-point font. If complete responses cannot be provided without referencing supporting documentation, such documentation must be provided with the Solicitation Response, with specific reference made to the file, page, section, and/or paragraph where the supporting information can be found.”

4.

3.5.4

Exceptions

If a prospective contractor does not have any exceptions, are they required to return a copy of Exhibit E with their responses?

As stated in Exhibit E – Exceptions Form of the Solicitation, “COMPLETION OF THIS

EXHIBIT IS NOT REQUIRED IF THERE ARE

NO EXCEPTIONS.” Also, see Section 3.5.4, Exceptions.

5.

3.5.5

Assumptions

If a prospective contractor does not have any assumptions, are they required to return a copy of Exhibit F with their responses?

As stated in Exhibit F (Assumptions Form) of the Solicitation, “COMPLETION OF THIS

EXHIBIT IS NOT REQUIRED IF THERE ARE

NO ASSUMPTIONS.” Also, see Section 3.5.5, Assumptions.

Version 1.00 Page 3 of 8 Revision Date 09/13/2023

Solicitation Reference

Solicitation Topic Question

6.

3.6.3

Submission Checklist

Would the State like respondents to complete and submit a copy of the "Submission Checklist" with their technical responses?

A copy of the Submission Checklist is not required to be submitted with the response.

Refer to Section 3.6 (Solicitation Response Submission and Delivery) of the Solicitation.

7.

4.2.2

Minimum Qualifications

Does the State have a designated area in prospective contractor responses where it would like to see a consolidated response to all items listed under Section 4.2.2, Minimum Qualifications, to assist with the initial compliance screening process?

No. Refer to Article V. (Narrative/Technical Proposal) of the Solicitation.

8.

Article IX

List of Exhibits

Can the State confirm that respondents are not required to return the following Exhibits with their responses? They are Exhibit B, Exhibit C, Exhibit H, Exhibit I, Exhibit M, and Exhibit N.

Confirmed. Refer to Section 3.6.3 (Submission Checklist) of the Solicitation.

9.

Exhibit I, Scope of Work, Section 2.1

Determine Estate Value

How does the current contractor or State determine if the deceased has an estate open in probate court? Is the probate court clerk, executor, or attorney required to report to Texas Medicaid (HHSC)? Is there a data exchange with the various probate offices?

Contractor is responsible for determining if the deceased has an estate open in probate court. The probate process is handled by the Contractor.

Version 1.00 Page 4 of 8 Revision Date 09/13/2023

Solicitation Reference

Solicitation Topic Question

10.

Section 2.1

Determine Estate Value

Does the state supply any state databases to the vendor to research assets?

No. Refer to Section 2.16 (Information Exchange and Reporting Requirements) of Exhibit I (Scope of Work) of the Solicitation.

11.

Section 2.9

Process Undue Hardship Waiver Requests

How many Undue Hardship waiver requests does the current contractor receive on a monthly basis? How many are approved on average?

For the most recently completed fiscal year, the average undue hardship waiver requests received per month were 28 and 14 were approved on average.

12.

Section 2.11

Review Request for Claims Deduction

How many deduction requests does the current contractor receive on a monthly basis?

The requested information is not available.

This is not a number that is currently tracked.

13.

Exhibit I, Section 2.13

Present Claims

Are any costs associated with depositing claims with the county clerk or probate offices?

The requested information is not available.

This process is handled by the Contractor.

14.

Section 2.13

Present Claims

Can claims with the counties be filed electronically? If not, can the state describe the process for depositing a claim with the county clerk?

The requested information is not available.

Version 1.00 Page 5 of 8 Revision Date 09/13/2023

Solicitation Reference

Solicitation Topic Question

15.

Section 2.15

Tracking Notices

Does the state require certified mail for notices? Can the vendor use a secure electronic messaging system to deliver documentation?

No, the State does not require certified mail to be used for notices. As stated in Section

2.15 (Tracking Notices) of Exhibit I (Scope of Work) of the Solicitation, “The Contractor shall send any form of correspondence that provides a deadline for response using a method that will document the date the personal representative receives the notice.

This requirement applies to correspondence sent to a deceased Medicaid Recipient’s personal representative and to any other correspondence related to the Contractor’s Medicaid estate recovery responsibilities.”

16.

Section 2.5

Staffing Requirements

Must the project attorney be licensed in Texas? No, the attorney does not have to be licensed in the State of Texas. Refer to Section 2.5 (Staffing Requirements) of the Solicitation.

17.

Section 2.9

Process Undue Hardship Waiver Requests

How many undue hardship waiver requests does the state receive on a monthly basis?

For the most recently completed fiscal year, the average undue hardship waiver requests received monthly was 28.

18.

Exhibit I, Section 2.16.2

Affected Clients File

Will the contractor have access to the current affected clients' files, the deceased clients' files, and the consumer file?

Yes. The files will be made available to the Contractor after the Contract Effective Date.

Version 1.00 Page 6 of 8 Revision Date 09/13/2023

Solicitation Reference

Solicitation Topic Question

19.

Section 2.16.2

Affected Clients File

How many recipients are typically in the Affected Clients file on a monthly basis? How many new records are opened each month?

How many are considered previously reported recipients with updates?

Approximately 900,000 records monthly. On average, 2,306 cases are opened each month. Unable to provide the number of previously reported recipients with updates.

20.

Section 2.16.3

Deceased Clients File

In reference to the cited text within the “Deceased Clients File” section, can the State share whether Texas Medicaid has an automated interface with the Texas Bureau of Vital Records to obtain death date information? If not, how is the information currently exchanged between the two departments? Can the contractor create an automated data exchange process via a Cooperative Agreement between the two State departments?

We can confirm that there is an automated interface with Texas Vital Statistics.

21.

General

Project Call & Email Volumes

Can the state provide a breakdown of how many calls/emails are received for Estate Recovery on a weekly basis?

Version 1.00 Page 7 of 8 Revision Date 09/13/2023

Solicitation Reference

Solicitation Topic Question

22.

Lead Types

Could the state provide a breakdown of incoming cases by source, such as data matches, attorney reporting, and other categories, along with their respective volumes?

The requested information is not available.

23.

Case Volumes

What is the overall volume of cases processed annually? On average, how many Estate Recovery cases are opened on a monthly basis?

The overall cases opened in FY24 was 27,677 with a monthly average of 2,306.

24.

Case Recovery Volumes On average, how many Estate Recovery cases are recovered on a monthly basis?

On average, 21 cases are recovered monthly.

25.

Case Closures Without Recovery

On average, how many cases are closed without recovery on a monthly basis?

On average, 2,414 cases are closed without recovery monthly.

26.

Waivers On average, how many cases are waived on a monthly basis? On average, 2,414 cases are waived (closed) monthly.

27.

Contract Amendments

Did the State issue any contract amendments to the current vendor for the contract term? If so, can the State share these copies?

Yes, the State issued contract amendments, the copies of the contract amendments may be requested at https://www.hhs.texas.gov/about/contact-us/open-records-policy-procedures.

28.

General Hardship Waivers Can the State share how many hardship waivers it processed in 2024?

222 hardship waivers were processed in Fiscal Year 2024.

Version 1.00 Page 8 of 8 Revision Date 09/13/2023

Solicitation Reference

Solicitation Topic Question

29.

Medicaid Bank Deposits

Can the State disclose whether it has an existing bank that can be used for this project, or is this something the awarded vendor needs to set up?

No. MERP payments are made payable to and deposited by HHSC.

30.

General Recovery Report Samples Can the State please provide a copy of the current recovery reports provided by the current vendor?

The reports may be requested through an open records request at:https://www.hhs.texas.gov/about/contact-us/open-records-policy-procedures

31.

Tex. Est. Code §355.102. Can the State provide the volume of estate cases that result in a waiver as part of the Ladybird Deed legislation?

File details come from the government source that posted it. Updated .