ESBD_File_159970_HHS004774_Addendum 8__Package 3_7.24.23.doc

Open Enrollment for Personal Assistance Care (PAC)

Procurement Number: HHS0004774 Addenda

Texas Department of Family and Protective Services

ADDENDA

To Open Enrollment

HHS0004774

For

Personal Assistance Care (PAC)

Notice is hereby given to prospective applicants to the above referenced open enrollment that changes have been made to requirements or information in the open enrollment, as noted in the addenda below.

(Note: In the column with the heading "Open Enrollment Reference", the references to "Package" refer to the link, as listed on the HHSC Open Enrollment Opportunities webpage and Electronic State Business Daily (ESBD) posting of this open enrollment.)

Addendum #8 July 24, 2023

Item

Open Enrollment

Reference

Previous

Revised Language

http://www.txsmartbuy.com/sp/HHS0004774 The following Subsection 1.2 has been updated from:

The sole point of contact for questions and communications for this Open Enrollment is Desra Trahan at region12apscontracts@dfps.texas.gov or 512-496-7680.

Subsection 1.2 was replaced with the following:

The sole point of contact for questions and communications for this Open Enrollment is region12apscontracts@dfps.texas.gov.

Addendum #7

July 1, 2022

Item

Open Enrollment

Reference

http://www.txsmartbuy.com/sp/HHS0004774 Subsection 1.6.6 has been updated from:

DFPS Regions/Service Delivery Areas.

a. DFPS will be accepting applications in Regions 1, 2, 7, 8, 9, and 10.

b. For a map or listing of DFPS Regions see at https://www.dfps.state.tx.us/Contact_Us/map.asp.

c. Applicants will indicate on their Application (See Section 5) the Service Delivery Area within DFPS Regions that they are applying to provide PAC services. This is limited to no more than the service areas licensed and contracted for as identified in HHSC PHC contract.

d. DFPS may adjust the Service Delivery Area at any time to meet the needs of clients.

Subsection 1.6.6 replaced with the following:

DFPS Regions/Service Delivery Areas.

a. DFPS will be accepting applications in Regions 1, 2, 7, 8, 9, and 10.

b. For a map or listing of DFPS Regions see at https://www.dfps.state.tx.us/Contact_Us/map.asp

c. Applicants will indicate on their Application (See Section 5) the Service Delivery Area within DFPS Regions that they are applying to provide PAC services. This is limited to no more than the service areas licensed and contracted for as identified in HHSC PHC contract.

d. DFPS may adjust the Service Delivery Area at any time to meet the needs of clients.

Addendum #6

September 15, 2021

Item

Open Enrollment

Reference

http://www.txsmartbuy.com/sp/HHS0004774 The following Subsection 1.1 has been updated from:

The Health and Human Services Commission (HHSC) on behalf of The Department of Family and Protective Services (DFPS or Department) Adult Protective Services (APS) is issuing this Open Enrollment and seeks to enter into contracts with qualified Applicants to provide Personal Assistance Care (PAC) services to DFPS clients in the State of Texas with the following exceptions:

1.1.1 Effective January 1, 2020, DFPS will not be accepting applications or entering into new contracts for DFPS Region 6; and

1.1.2 Effective June 1, 2020, DFPS will not be accepting application or entering into new contracts for DFPS Regions 3 and 11.

Subsection 1.1 was replaced with the following:

The Health and Human Services Commission (HHSC) on behalf of The Department of Family and Protective Services (DFPS) Adult Protective Services (APS) is issuing this Open Enrollment and seeks to enter into contracts with qualified Applicants to provide Personal Assistance Care (PAC) services to DFPS clients in the State of Texas in DFPS Regions 1, 2, 7, 8, 9 and 10. See map at https://www.dfps.state.tx.us/Contact_Us/map.asp

http://www.txsmartbuy.com/sp/HHS0004774 Subsection 1.2 has been updated from:

The sole point of contact for inquiries concerning this Open Enrollment is:

Jamie Najera

APS PCS Program Manager

Phone: (512) 834-3882

Email: REGION12APSCONTRACTS@dfps.state.tx.us

Mailing Address: DFPS APS Contracts

14000 Summit Drive

Office 1105 Mail Code 0165

Austin, TX 78728

Applicant must direct all communication and questions relating to this Open Enrollment to the DFPS Point of Contact above as named.

Subsection 1.2 was replaced with the following:

The sole point of contact for questions and communications for this Open Enrollment is Desra Trahan at region12apscontracts@dfps.texas.gov or 512-496-7680.

http://www.txsmartbuy.com/sp/HHS0004774 Subsection 1.4 has been updated from:

Table 1 - Procurement Schedule

Open Enrollment Period Opens

May 1, 2019

Open Enrollment Period Closes

May 1, 2024

Anticipated Contract Start Date

No earlier than September 1, 2019

Subsection 1.4 was replaced with the following:

Table 1 - Procurement Schedule

Open Enrollment Period Opens

May 1, 2019

Open Enrollment Period Closes

May 1, 2024

Anticipated Contract Start Date

Upon Execution

http://www.txsmartbuy.com/sp/HHS0004774 Subsection 1.6.1 has been updated from:

Submit a PAC Open Enrollment Application, Attachments and Required Forms (See Section 5.1).

Subsection 1.6.1 replaced with the following:

Submit a PAC Open Enrollment Application, Attachments and Required Forms at http://www.txsmartbuy.com/esbddetails/view/HHS0004774

http://www.txsmartbuy.com/sp/HHS0004774 Subsection 1.6.6 has been updated from:

Service Delivery and Catchment Areas.

a. With the following exceptions, DFPS will be accepting applications in the DFPS Regions,

1. Effective January 1, 2020, DFPS will not be accepting applications or entering into new contracts in DFPS Region 6.

2. Effective June 1, 2020, DFPS will not be accepting application or entering into new contracts in DFPS Regions 3 and 11.

3. Effective July 1, 2020, DFPS will not be accepting application or entering into new contracts in DFPS Regions 4 and 5.

b. For a map or listing of DFPS Regions see at https://www.dfps.state.tx.us/Contact_Us/map.asp

c. Applicants will indicate on their Application (See Section 5.1) the Service Delivery and Catchment Areas within DFPS Regions that they are applying to provide PAC services. This is limited to no more than the service areas licensed and contracted for as identified in HHSC PHC contract.

d. DFPS may adjust the Service Delivery and Catchment Areas at any time to meet the needs of clients.

Subsection 1.6.6 replaced with the following:

DFPS Regions/Service Delivery Areas.

a. DFPS will be accepting applications in Regions 1, 2, 7, 8, 9, and 10; for DFPS Regions’ map, see https://www.dfps.state.tx.us/Contact_Us/map.asp

b. Applicants will indicate on their Application (See Section 5) the Service Delivery Area within DFPS Regions that they are applying to provide PAC services. This is limited to no more than the service areas licensed and contracted for as identified in HHSC PHC contract.

c. DFPS may adjust the Service Delivery Area at any time to meet the needs of clients.

http://www.txsmartbuy.com/sp/HHS0004774 Subsection 1.6.7 has been updated from:

Comply with the Insurance Requirements in Section II (D) of the DFPS PAC Vendor Supplemental and Special Conditions (See Section 5.3.1).

Subsection 1.6.7 replaced with the following:

Comply with the Insurance Requirements in Section I (H) of Uniform Terms & Conditions in Section 1.7.2 and Section 2.11 of this Open Enrollment.

http://www.txsmartbuy.com/sp/HHS0004774 The following subsection 1.7.1 has been updated from:

The Applicant, if awarded a Contract for this Open Enrollment, will be referred to as a “Contractor,” and agrees to comply with this Open Enrollment, the Contract executed between the Parties (See Section 5.2 for PAC Open Enrollment Sample Base Contract), and its PAC Open Enrollment Contract Documents File (See Section 5.3). These documents are located in the posting for this Open Enrollment on the ESBD and HHS Enrollment site (See Section 1.3).

Subsection 1.7.1 was replaced with the following:

The Applicant, if awarded a Contract for this Open Enrollment, will be referred to as a “Contractor,” and agrees to comply with this Open Enrollment and the Parties will execute a Contract that is prepared by DFPS.

http://www.txsmartbuy.com/sp/HHS0004774 The following subsection 1.7.2 has been updated from:

1.7.2 If awarded a Contract, the Applicant will execute a PAC Contract that has been prepared by DFPS. DFPS will determine the length of the Contract’s term.

Subsection 1.7.2 was replaced with the following:

The Contractor will comply with the Open Enrollment HHS0004774 and the DFPS Uniform Terms and Conditions at https://www.dfps.state.tx.us/Application/Forms/showFile.aspx?Name=5645V.docx.

http://www.txsmartbuy.com/sp/HHS0004774

The Contract Term will begin on the date the Contract is fully executed or on September 1, 2019, whichever is later, and will end on May 1, 2024.

http://www.txsmartbuy.com/sp/HHS0004774 This subsection 2.7.3 has been updated from:

Background Checks. In addition to the requirements in Section VII (C) of the DFPS Vendor Uniform Terms and Conditions (See 5.3.2), all persons providing services or supervising service providers are to meet the background checks procedures in TAC §558.247 at https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=26&pt=1&ch=558&rl=247.

Subsection 2.7.3 has been replaced with the following:

Background Checks. In addition to the requirements in Section VII (C) of the DFPS Vendor Uniform Terms and Conditions (See 1.7.2), all persons providing services or supervising service providers are to meet the background checks procedures in TAC §558.247 at https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=26&pt=1&ch=558&rl=247

http://www.txsmartbuy.com/sp/HHS0004774 This section 2.8 has been updated from:

In addition to the requirements in Section VII (T) of the DFPS Vendor Uniform Terms and Conditions (See 5.3.2), the DFPS contract manager will review and provide written notification of acceptance of the Contractor’s subcontracting policies and procedures, background checks procedures and any applicable documents. Background checks procedures are in TAC §558.247 at https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=26&pt=1&ch=558&rl=247.

After review and acceptance, DFPS will provide the Contractor Form PCS-107 Subcontracting Review & Acceptance Form. Furthermore, the Contractor is encouraged to use Form PCS-107 as a guide to ensure the policies and procedures comply with their resulting contract prior to submitting their policies, procedures and any applicable documents.

Subsection 2.8 has been replaced with the following:

In addition to the requirements in Section VII (T) of the DFPS Vendor Uniform Terms and Conditions (See Section 1.7.2), the DFPS contract manager will review and provide written notification of acceptance of the Contractor’s subcontracting policies and procedures, background checks procedures and any applicable documents. Background checks procedures are in TAC §558.247 at https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=26&pt=1&ch=558&rl=247.

After review and acceptance, DFPS will provide the Contractor Form PCS-107 Subcontracting Review & Acceptance Form. Furthermore, the Contractor is encouraged to use Form PCS-107 as a guide to ensure the policies and procedures comply with their resulting contract prior to submitting their policies, procedures and any applicable documents.

11.

Open Enrollment – Personal Assistance Care – PAC .docx http://www.txsmartbuy.com/sp/HHS0004774 This subsection 2.9 has been updated from:

The Contractor is responsible for ensuring that documents in this Open Enrollment and resulting Contract are maintained in accordance with Section II (A) of the DFPS Uniform Terms and Conditions (see Section 5.3.2).

Subsection 2.9 has been replaced with the following:

The Contractor is responsible for ensuring that documents in this Open Enrollment and resulting Contract are maintained in accordance with Section II of the DFPS Uniform Terms and Conditions (see Section 1.7.2).

http://www.txsmartbuy.com/sp/HHS0004774 This Section 2.10 has been updated from:

The Contractor must comply with the Performance Measures in Section 5.3.3.

Section 2.10 has been replaced with the following:

PERFORMANCE MEASURE. The purpose of this Contract is to enable the clients to engage in Activities of Daily Living (ADL) or perform the necessary functions for independent living with the goal of further preventing or alleviating abuse, neglect, or financial exploitation and reducing the risk of recidivism.

PERFORMANCE MEASURE REQUIREMENTS. To report Performance Measures, the Contractor will: Date stamp or otherwise document the date received directly from DFPS on the Service Authorization.

Tally the total number of Service Authorizations received during a Performance Period. Each Service Authorization received for each client served is counted that may represent duplication of clients.

Tally the total number of Service Authorizations reported that resulted in a Service Delivery Plan being implemented within the required timeframe.

Report the Performance Measure data for each Performance Period using the web-based PMET (Performance Management Evaluation Tool) system. An account must be registered in the PMET system following the provision of the first service provided under this contract at https://www.dfps.state.tx.us/application/PCSPMET. The PMET User Guide is at https://www.dfps.state.tx.us/application/PCSPMET/PMET%20User%20Guide.pdf.

Keep all records of Service Authorizations and Service Delivery Plans on file and available to DFPS upon request for the time period specified by DFPS for records maintenance (See Section II (A) of the DFPS Vendor Uniform Terms). The records must be maintained in a manner to allow for the testing of the validity of the results being reported into PMET.

Critical Task #1: Contractor is prompt in responding to the client's need for service(s).

Performance Period: Contractor performance for this outcome is determined for one or more of the following Performance Periods, wholly or partially, depending on the contract start and end dates: September 1 through November 30, and December 1 through February 28/29, March 1 through May 31, June 1 through August 31.

Indicator: Percentage of Service Delivery Plans implemented within the three-day required timeframe during the Performance Period.

Target: 95%

Data Source: Contractor Self-Reported Data (PMET)

Methodology:

Numerator: The total number of Service Authorizations (Form 2311) received that resulted in a Service Delivery Plan implementation within the three-day required timeframe during the Performance Period.

Denominator: The total number of Service Authorizations (Form 2311) received that resulted in a Service Delivery Plan implementation during the Performance Period.

Quality #1: Contractor provides valid documentation of services.

Performance Period: Contractor performance for this outcome is determined for one or more of the following Performance Periods, wholly or partially, depending on the contract start and end dates: September 1 through November 30, and December 1 through February 28/29, March 1 through May 31, June 1 through August 31.

Indicator: Percentage of Service Delivery Plans documented in the client file during the Performance Period.

Target: 95%

Data Source: Contractor Self-Reported Data (PMET)

Methodology:

Numerator: The total number of Service Delivery Plans documented in the client file during the Performance Period.

Denominator: The total number of Service Authorizations (Form 2311) received during the Performance Period.

http://www.txsmartbuy.com/sp/HHS0004774

2.11.1 The Contractor will provide DFPS documentation of insurance coverage that meets or exceeds the following requirements and will maintain this insurance coverage and comply with this Section throughout the Contract Term, including any renewals.

a. Commercial General Liability - $300,000 per occurrence and $600,000 for aggregate; and

b. Commercial Crime Policy with a 3rd Party Employee Dishonesty or “Client Property” endorsement - $25,000. Business entities with no employees are not required to obtain Commercial Crime insurance.

2.11.2 This insurance coverage will be with insurance companies or equivalent providers that are rated for financial purposes “B” or higher by A.M. Best, as applicable. An insurance company or equivalent provider must be authorized or licensed to do business in the state where the Contractor is located.

2.11.3 Contractor will obtain a Certificate of Insurance or equivalent documentation (Insurance Document) with the types of coverage and limits carried by Contractor that meets the requirements in Subsection 1 above. The Certificate of Insurance must be issued to DFPS or designate DFPS as the Certificate Holder. The Contractor will provide this Insurance Document to DFPS prior to Contract execution.

2.11.4 The Contractor’s insurance coverage required by this Section is renewed, no longer current or there is a material change to the Insurance Document, then the Contractor will provide DFPS with a current Insurance Document. Furthermore, the Contractor agrees to provide this Insurance Document to DFPS in a manner that ensures DFPS always has a current Insurance Document on file and will provide additional or requested documentation at any time to DFPS.

2.11.5 When an equivalent insurance coverage or Self-Insurance Plan is submitted to satisfy the DFPS insurance requirements in Subsection 8 below, DFPS may request that additional information be provided by Contractor or Contractor's insurance company or equivalent provider.

2.11.6 DFPS has the sole discretion to determine whether an Insurance Document provided to DFPS will be accepted as documentation that the Contractor has met this Section’s requirements.

2.11.7 DFPS may require the Contractor to provide any additional documentation to meet the requirements of this Section. DFPS may request that the Contractor permit DFPS to contact Contractor’s insurance company or equivalent provider directly. The Contractor will provide any documents required by DFPS under this Section without additional expense or delay.

http://www.txsmartbuy.com/sp/HHS0004774

2.12. Contract Special Conditions. In addition to the DFPS Uniform Terms and Conditions, the Contractor agrees to comply with the following DFPS Vendor Special Conditions.

2.12.1 Remedies. In addition to any other remedy provided under this Contract or state or federal law, DFPS may impose the following.

a. Corrective Action Plan (CAP). DFPS will provide the Contractor with a CAP that identifies areas of noncompliance, poor performance, or other deficiencies.

1. Contractor must respond in writing within the timeframes required in the CAP, address each identified defect, and provide an appropriately thorough response to DFPS for review and approval.

2. Upon receipt of DFPS’s approval, the Contractor must implement and maintain compliance with the requirements of the CAP.

b. Suspension. DFPS may suspend or remove all or any part of the Contract.

c. Removal of Staff. DFPS reserves the right to require Contractor to remove any employee, volunteer, or agent of the Contractor or any subcontractor from the provision of services under this contract or to prohibit any employee, volunteer, or agent of the Contractor or any subcontractor from having direct contact with DFPS referred clients or client records.

2.12.2 Termination and End of Contract Term. In addition to the requirements in the Section VI of the Uniform Terms and Conditions, the following will apply.

a. At the end of the Contract term or other contract termination, the Contractor will, in good faith and in reasonable cooperation with DFPS, aid in the transition to any new arrangement or provider of services.

b. In the event this is not possible to continue to provide services at the end of expiration of the Contract, the Contractor and DFPS will work together to ensure that services are continued or transitioned in accordance all terms and conditions of this Contract.

c. After being notified by DFPS, the Contractor will continue to provide authorized services after the date of Contract termination or Contract expiration in accordance with this Contract.

http://www.txsmartbuy.com/sp/HHS0004774 The following Subsection 4.4 has been updated from:

Application Submission Instructions

Applicant will submit the PAC Open Enrollment Application, Attachments and Required Forms (See Section 5.1) to Point of Contract (See Section 1.2).

Subsection 4.4 has been updated to the following:

Application Submission Instructions.

Applicant will submit the PAC Open Enrollment Application, Attachments and Required Forms (See Section 5) to Point of Contract (See Section 1.2).

http://www.txsmartbuy.com/sp/HHS0004774

The required Application and Forms to apply for this Open Enrollment is located with the Open Enrollment and are located on the HHS Enrollment or ESBD Sites (see Section 1.3).

http://www.txsmartbuy.com/sp/HHS0004774

5.1 PAC OPEN ENROLLMENT APPLICATION APPENDIX A.1. has been updated from:

The Applicant does not execute and return the PAC Open Enrollment Sample Base Contract in Section 5.2.

5.1 PAC OPEN ENROLLMENT APPLICATION APPENDIX A.1.has been deleted.

Addendum #5

June 26, 2020

Item

Open Enrollment

Reference

http://www.txsmartbuy.com/sp/HHS0004774 The following Subsection 1.1 has been updated:

The Health and Human Services Commission (HHSC) on behalf of The Department of Family and Protective Services (DFPS or Department) Adult Protective Services (APS) is issuing this Open Enrollment and seeks to enter into contracts with qualified Applicants to provide Personal Assistance Care (PAC) services to DFPS clients in the State of Texas with the following exceptions:

1.1.1 Effective January 1, 2020, DFPS will not be accepting applications or entering into new contracts for DFPS Region 6; and

1.1.2 Effective June 1, 2020, DFPS will not be accepting application or entering into new contracts for DFPS Regions 3 and 11.

Subsection 1.1 was replaced with the following:

The Health and Human Services Commission (HHSC) on behalf of The Department of Family and Protective Services (DFPS or Department) Adult Protective Services (APS) is issuing this Open Enrollment and seeks to enter into contracts with qualified Applicants to provide Personal Assistance Care (PAC) services to DFPS clients in the State of Texas with the following exceptions:

1.1.1 Effective January 1, 2020, DFPS will not be accepting applications or entering into new contracts for DFPS Region 6; and

1.1.2 Effective June 1, 2020, DFPS will not be accepting application or entering into new contracts for DFPS Regions 3 and 11.

1.1.3 Effective July 1, 2020, DFPS will not be accepting applications or entering into new contracts for DFPS Region 4 and 5.

http://www.txsmartbuy.com/sp/HHS0004774 Subsection 1.6.6 has been updated:

1.6.6 Service Delivery and Catchment Areas has been updated.

a. With the following exceptions, DFPS will be accepting applications in the DFPS Regions,

1. Effective January 1, 2020, DFPS will not be accepting applications or entering into new contracts in DFPS Region 6.

2. Effective June 1, 2020, DFPS will not be accepting application or entering into new contracts in DFPS Regions 3 and 11.

b. For a map or listing of DFPS Regions see at https://www.dfps.state.tx.us/Contact_Us/map.asp

c. Applicants will indicate on their Application (See Section 5.1) the Service Delivery and Catchment Areas within DFPS Regions that they are applying to provide PAC services. This is limited to no more than the service areas licensed and contracted for as identified in HHSC PHC contract.

d. DFPS may adjust the Service Delivery and Catchment Areas at any time to meet the needs of clients.

Subsection 1.6.6 Replaced with the following:

1.6.6 Service Delivery and Catchment Areas.

a. With the following exceptions, DFPS will be accepting applications in the DFPS Regions,

1. Effective January 1, 2020, DFPS will not be accepting applications or entering into new contracts in DFPS Region 6.

2. Effective June 1, 2020, DFPS will not be accepting application or entering into new contracts in DFPS Regions 3 and 11.

3. Effective July 1, 2020, DFPS will not be accepting application or entering into new contracts in DFPS Regions 4 and 5.

b. For a map or listing of DFPS Regions see at https://www.dfps.state.tx.us/Contact_Us/map.asp

c. Applicants will indicate on their Application (See Section 5.1) the Service Delivery and Catchment Areas within DFPS Regions that they are applying to provide PAC services. This is limited to no more than the service areas licensed and contracted for as identified in HHSC PHC contract.

d. DFPS may adjust the Service Delivery and Catchment Areas at any time to meet the needs of clients.

http://www.txsmartbuy.com/sp/HHS0004774

http://www.txsmartbuy.com/sp/HHS0004774 Package 3 – PAC Open Enrollment Sample Base Contract has been updated:

III. CONTRACT TERM.

This Contract starts on XXXX and ends on August 31, 2024.

Package 3 – PAC Open Enrollment Sample Base Contract has been replaced with the following:

III. CONTRACT TERM.

This Contract is effective upon execution of last signature and ends on

Saturday, August 31, 2024, and can be renewed, extended or terminated as provided for in this Contract.

http://www.txsmartbuy.com/sp/HHS0004774 Package 3 – PAC Open Enrollment Sample Base Contract has been updated:

IV. STATEMENT OF WORK.

A. The Contractor will provide services in accordance with and at the Fee Schedule in PAC Open Enrollment HHS0004774 (Open Enrollment) and the Contract Documents File that is posted on the Electronic State Business Daily (ESBD) at http://www.txsmartbuy.com/sp and the HHS Enrollment site at https://apps.hhs.texas.gov/pcs/openenrollment.cfm.

B. The Contractor agrees to comply with terms of the Open Enrollment and Contract Attachment File as it is posted and any updates to it, including where it is posted if the ESBD or HHS Enrollment site locations are updated.

C. The Contractor is responsible for periodically checking ESBD and the HHS Enrollment site, or any successor to these sites, to ensure compliance with any updates to the Open Enrollment and Contract Documents File.

Package 3 – PAC Open Enrollment Sample Base Contract has been replaced with the following:

IV. STATEMENT OF WORK.

A. The Contractor will provide services in accordance with and at the Fee Schedule in PAC Open Enrollment HHS0004774 (Open Enrollment) and the Contract Documents File that is posted on the Electronic State Business Daily (ESBD) at http://www.txsmartbuy.com/sp and the HHS Enrollment site at https://apps.hhs.texas.gov/pcs/openenrollment.cfm.

B. The Contractor agrees to comply with terms of the Open Enrollment and Contract Attachment File as it is posted and any updates to it, including where it is posted if the ESBD or HHS Enrollment site locations are updated.

C. The Contractor is responsible for periodically checking ESBD and the HHS Enrollment site, or any successor to these sites, to ensure compliance with any updates to the Open Enrollment and Contract Documents File.

D. All work and services provided under this Contract must be in accordance with all state and federal laws, rules and regulations.

http://www.txsmartbuy.com/sp/HHS0004774 Package 3 – PAC Open Enrollment Sample Base Contract has been updated:

V. CONTRACT MANAGER.

The following will act as the Contract Managers authorized to administer activities and receive general correspondence under this Contract.

Package 3 – PAC Open Enrollment Sample Base Contract has been replaced with the following:

V. CONTRACT MANAGER.

These Contract Managers are authorized to administer activities and receive notices and general correspondence for this Contract by sending it to them as provided below.

http://www.txsmartbuy.com/sp/HHS0004774 Package 3 – PAC Open Enrollment Sample Base Contract has been updated to remove the following:

VI. LEGAL NOTICES.

Notice will be given to the following as provided in the Uniform Terms and Conditions.

A. DFPS

Audrey Carmical

General Counsel

P. O. Box 149030 MC E611

Austin, TX 78714-9030

Audrey.Carmical@dfps.state.tx.us

B. CONTRACTOR

Name: XXXX

Title: XXXX

Address: XXXX

Phone: XXXX N/A

http://www.txsmartbuy.com/sp/HHS0004774 Package 3 – PAC Open Enrollment Sample Base Contract has been updated:

By signing below, the following signatories certify that they have the requisite legal authority to bind their respective Party.

Package 3 – PAC Open Enrollment Sample Base Contract has been replaced with the following:

VI. SIGNATURES.

By signing below, the following certify that they have the requisite legal authority to bind their respective Party and that this Contract represents the final agreement of the Parties.

http://www.txsmartbuy.com/sp/HHS0004774 Package 4 – OE Contract-Documents; Section 5.3.3 PAC Performance Measures; Critical Task #1 has been updated:

Critical Task #1: Contractor is prompt in responding to the client's need for service(s).

Performance Period: Contractor performance for this outcome is determined for one or more of the following Performance Periods, wholly or partially, depending on the contract start and end dates: September 1 through November 30, and December 1 through February 28/29, March 1 through May 31, June 1 through August 31.

Indicator: Percentage of Service Delivery Plans implemented within the three-day required timeframe during the Performance Period.

Target: 95%

Data Source: Contractor Self-Reported Data (PMET)

Methodology:

Numerator: The total number of Service Authorizations (Form 2311) received that resulted in a Service Delivery Plan implementation within the three-day required timeframe during the Performance Period.

Denominator: The total number of Service Authorizations (Form 2311) received during the Performance Period.

Package 4 – OE Contract-Documents; Section 5.3.3 PAC Performance Measures; Critical Task #1 has been replaced with the following:

Critical Task #1: Contractor is prompt in responding to the client's need for service(s).

Performance Period: Contractor performance for this outcome is determined for one or more of the following Performance Periods, wholly or partially, depending on the contract start and end dates: September 1 through November 30, and December 1 through February 28/29, March 1 through May 31, June 1 through August 31.

Indicator: Percentage of Service Delivery Plans implemented within the three-day required timeframe during the Performance Period.

Target: 95%

Data Source: Contractor Self-Reported Data (PMET)

Methodology:

Numerator: The total number of Service Authorizations (Form 2311) received that resulted in a Service Delivery Plan implementation within the three-day required timeframe during the Performance Period.

Denominator: The total number of Service Authorizations (Form 2311) received that resulted in a Service Delivery Plan implementation during the Performance Period.

Addendum #4

May 1, 2020

Item

Open Enrollment

Reference

http://www.txsmartbuy.com/sp/HHS0004774 The following Subsection 1.1 has been updated:

The Health and Human Services Commission (HHSC) on behalf of The Department of Family and Protective Services (DFPS or Department) Adult Protective Services (APS) is issuing this Open Enrollment and seeks to enter into contracts with qualified Applicants to provide Personal Assistance Care (PAC) services to DFPS clients in the State of Texas; however, effective January 1, 2020, DFPS will not be accepting applications or entering into new contracts for DFPS Region 6.

Subsection 1.1 was replaced with the following:

The Health and Human Services Commission (HHSC) on behalf of The Department of Family and Protective Services (DFPS or Department) Adult Protective Services (APS) is issuing this Open Enrollment and seeks to enter into contracts with qualified Applicants to provide Personal Assistance Care (PAC) services to DFPS clients in the State of Texas with the following exceptions:

1.1.1 Effective January 1, 2020, DFPS will not be accepting applications or entering into new contracts for DFPS Region 6; and

1.1.2 Effective June 1, 2020, DFPS will not be accepting application or entering into new contracts for DFPS Regions 3 and 11.

http://www.txsmartbuy.com/sp/HHS0004774 1.6.4 Be licensed as a Home and Community Support Services Agency (HCSSA) with the Personal Assistance Services Category of license by HHSC and have a HHSC contract to provide Primary Home Care (PHC) services in accordance with Licensing Standards. Texas Administrative Code (TAC) Rules regarding minimum standards for HCSSA in TAC 40 Chapter 97: https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=40&pt=1&ch=97.

1.6.4 Be licensed as a Home and Community Support Services Agency (HCSSA) with the Personal Assistance Services Category of license by HHSC and have a HHSC contract to provide Primary Home Care (PHC) services in accordance with Licensing Standards. Texas Administrative Code (TAC) Rules regarding minimum standards for HCSSA in Subchapter C in Chapter 558 at https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=26&pt=1&ch=558&sch=C.

http://www.txsmartbuy.com/sp/HHS0004774 The following Subsection 1.6.6 has been removed:

1.6.6 Service Delivery and Catchment Areas.

a. With the following exception, DFPS will be accepting applications in the DFPS Regions. However, effective January 1, 2020, DFPS will not be accepting applications or entering into new contracts in DFPS Region 6. For a map or listing of DFPS Regions see: https://www.dfps.state.tx.us/Contact_Us/map.asp

b. Applicants will indicate on their Application (See Section 5.1) the Service Delivery and Catchment Areas within DFPS Regions that they are applying to provide PAC services. This is limited to no more than the service areas licensed and contracted for as identified in HHSC PHC contract.

c. DFPS may adjust the Service Delivery and Catchment Areas at any time to meet the needs of clients.

Subsection 1.6.6 Replaced with the following:

1.6.6 Service Delivery and Catchment Areas.

a. With the following exceptions, DFPS will be accepting applications in the DFPS Regions,

1. Effective January 1, 2020, DFPS will not be accepting applications or entering into new contracts in DFPS Region 6.

2. Effective June 1, 2020, DFPS will not be accepting application or entering into new contracts in DFPS Regions 3 and 11.

b. For a map or listing of DFPS Regions see at https://www.dfps.state.tx.us/Contact_Us/map.asp

c. Applicants will indicate on their Application (See Section 5.1) the Service Delivery and Catchment Areas within DFPS Regions that they are applying to provide PAC services. This is limited to no more than the service areas licensed and contracted for as identified in HHSC PHC contract.

d. DFPS may adjust the Service Delivery and Catchment Areas at any time to meet the needs of clients.

http://www.txsmartbuy.com/sp/HHS0004774 2.3.1 Client PAC services include:

d. PAC Services requirements are in the:

1. Definitions for Personal Assistance Services and Personal Care in TAC §97.2 (87 and 88): https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=T&app=9&p_dir=F&p_rloc=187478&p_tloc=14837&p_ploc=1&pg=2&p_tac=&ti=40&pt=1&ch=97&rl=2;

2. Allowable Tasks in TAC §47.41: https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=1&ch=47&rl=41;

3. HHSC Licensing Standards for HCSSA Handbook: https://texreg.sos.state.tx.us/public/pub_doc_request$chapter.startup?P_CHP_PRT_PART_ID=1&P_CHP_PRT_TTL_TITLE_ID=40&P_6=40&P_7=1&P_1=40&P_3=245118000000&Z_CHK=12007; and

4. Contracting to Provide PHC Services in TAC Chapter 47: https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=40&pt=1&ch=47.

2.3.1 Client PAC services include:

d. PAC Services requirements are in the:

1. Definitions for Personal Assistance Services and Personal Care in TAC §558.404 at https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=26&pt=1&ch=558&rl=404.

2. Allowable Tasks in TAC §47.41 at https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=1&ch=47&rl=41;

3. HHSC Licensing Standards for HCSSA Handbook: https://texreg.sos.state.tx.us/public/pub_doc_request$chapter.startup?P_CHP_PRT_PART_ID=1&P_CHP_PRT_TTL_TITLE_ID=40&P_6=40&P_7=1&P_1=40&P_3=245118000000&Z_CHK=12007; and

4. Primary Home Care, Community Attendant Services and Family Care Programs in TAC Chapter 47 at https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=40&pt=1&ch=47.

http://www.txsmartbuy.com/sp/HHS0004774 2.3.2 Determination of Services After the Contractor has received the Form 2311, the Contractor’s supervisory staff must conduct an on-site visit in the location where services will be primarily delivered to document the determination of need is in compliance with:

a. Standards Specific to Agencies Licensed to Provide Personal Assistance Services in TAC Title 40 §97.404(f): https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=1&ch=97&rl=404; and

b. Pre-Initiation Activities in TAC Title 40 §47.45(a)(1): https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=1&ch=47&rl=45.

2.3.2 Determination of Services

After the Contractor has received the Form 2311, the Contractor’s supervisory staff must conduct an on-site visit in the location where services will be primarily delivered to document the determination of need is in compliance with:

Standards Specific to Agencies Licensed to Provide Personal Assistance Services in TAC §558.404 (f) at https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=26&pt=1&ch=558&rl=404; and

b. Pre-Initiation Activities in TAC Title 40 §47.45(a)(1): https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=1&ch=47&rl=45

http://www.txsmartbuy.com/sp/HHS0004774 2.3.3 Service Delivery Plan

a. Supervisory staff must develop and document a Service Delivery Plan in compliance with:

1. Standards Specific to Agencies Licensed to Provide Personal Assistance Services in TAC Title 40 §97.404(f): https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=1&ch=97&rl=404; and

2. Pre-Initiation Activities in Title §47.45(a)(2): https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=1&ch=47&rl=45.

b. In addition to these requirements, the Service Delivery Plan given to the client must include a statement that "the Contractor is not responsible for meeting the Client's needs other than tasks allowed under the DFPS Contract and authorized by APS."

2.3.3 Service Delivery Plan

a. Supervisory staff must develop and document a Service Delivery Plan in compliance with:

1. Standards Specific to Agencies Licensed to Provide Personal Assistance Services in TAC §558.404 (f) at https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=26&pt=1&ch=558&rl=404; and

2. Pre-Initiation Activities in TAC Title 40 §47.45(a)(1) at https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=1&ch=47&rl=45.

b. In addition to these requirements, the Service Delivery Plan given to the client must include a statement that "the Contractor is not responsible for meeting the Client's needs other than tasks allowed under the DFPS Contract and authorized by APS."

http://www.txsmartbuy.com/sp/HHS0004774

2.5 Personnel Records

Service attendant records must support all applicable Licensing Standards requirements to include training/orientation records. DFPS reserves the right to require additional records as needed. HHSC Licensing Standards for HCSSA Handbook:

https://texreg.sos.state.tx.us/public/pub_doc_request$chapter.startup?P_CHP_PRT_PART_ID=1&P_CHP_PRT_TTL_TITLE_ID=40&P_6=40&P_7=1&P_1=40&P_3=245118000000&Z_CHK=12007

2.5 Personnel Records

Service attendant records must support all applicable Licensing Standards requirements to include training/orientation records. DFPS reserves the right to require additional records as needed and in accordance with TAC Subchapter D in Chapter 558 at https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=1&ch=47&rl=45.

http://www.txsmartbuy.com/sp/HHS0004774

2.7 Personnel Requirements

2.7.1 Supervisor

a. Qualifications. The Contractor must employ a supervisor who meets the requirements for a supervisor in accordance with:

1. Staffing Policies in TAC 40 §97.245:

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=1&ch=97&rl=245; and

2. Standards Specific to Agencies Licensed to Provide Personal Assistance Services in TAC 40 §97.404:

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=1&ch=97&rl=405.

2.7 Personnel Requirements

2.7.1 Supervisor

a. Qualifications. The Contractor must employ a supervisor who meets the requirements for a supervisor in accordance with:

1. Staffing Policies in TAC 26 § 558.245 at https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=26&pt=1&ch=558&rl=245; and

2. Standards Specific to Agencies Licensed to Provide Personal Assistance Services in TAC 26 § 558.404 at https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=26&pt=1&ch=558&rl=404.

http://www.txsmartbuy.com/sp/HHS0004774

2.7 Personnel Requirements

2.7.2 Attendants

b. Orientation Requirement. All attendants must receive orientation on or before the attendant begins to provide services to a client. The orientation requirements are found in:

1. Minimum Standards for All Home and Community Support Services Agencies in TAC 40 Chapter 97:

https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=40&pt=1&ch=97&sch=C;

2. Standards Specific to Agencies Licensed to Provide Personal Assistance Services in TAC 40 §97.404: https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=1&ch=97&rl=404; and

3. Attendant Orientation in TAC 40 §47.25: https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=1&ch=47&rl=25.

2.7 Personnel Requirements

2.7.2 Attendants

a. Qualifications. The Contractor must employ attendants that meet the requirements in TAC 40 §47.23 at https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=1&ch=47&rl=23.

b. Orientation Requirement. All attendants must receive orientation on or before the attendant begins to provide services to a client. The orientation requirements are found in:

1. Subchapter C. Minimum Standards for All Home and Community Support Services Agencies in TAC 26 Chapter 558 at https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=26&pt=1&ch=558&sch=C&div=3&rl=Y;

2. Standards Specific to Agencies Licensed to Provide Personal Assistance Services in TAC 26 §558.404 at https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=26&pt=1&ch=558&rl=404; and

3. Attendant Orientation in TAC 40 §47.25 at https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=1&ch=47&rl=25.

http://www.txsmartbuy.com/sp/HHS0004774

2.7 Personnel Requirements

2.7.3 Background Checks. In addition to the requirements in Section VII (C) of the DFPS Vendor Uniform Terms and Conditions (See 5.3.2), all persons providing services or supervising service providers are to meet the background checks procedures in TAC 40 §97.247 at: https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=1&ch=97&rl=247

2.7 Personnel Requirements

Background Checks. In addition to the requirements in Section VII (C) of the DFPS Vendor Uniform Terms and Conditions (See 5.3.2), all persons providing services or supervising service providers are to meet the background checks procedures in TAC §558.247 at https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=26&pt=1&ch=558&rl=247.

http://www.txsmartbuy.com/sp/HHS0004774 2.8 Subcontracting

In addition to the requirements in Section VII (T) of the DFPS Vendor Uniform Terms and Conditions (See 5.3.2), the DFPS contract manager will review and provide written notification of acceptance of the Contractor’s subcontracting policies and procedures, background checks procedures and any applicable documents. Background checks procedures are in TAC 40 §97.247 at: https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=1&ch=97&rl=247 After review and acceptance, DFPS will provide the Contractor Form PCS-107 Subcontracting Review & Acceptance Form. Furthermore, the Contractor is encouraged to use Form PCS-107 as a guide to ensure the policies and procedures are in compliance with their resulting contract prior to submitting their policies, procedures and any applicable documents.

2.8 Subcontracting

In addition to the requirements in Section VII (T) of the DFPS Vendor Uniform Terms and Conditions (See 5.3.2), the DFPS contract manager will review and provide written notification of acceptance of the Contractor’s subcontracting policies and procedures, background checks procedures and any applicable documents. Background checks procedures are in TAC §558.247 at https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=26&pt=1&ch=558&rl=247.

After review and acceptance, DFPS will provide the Contractor Form PCS-107 Subcontracting Review & Acceptance Form. Furthermore, the Contractor is encouraged to use Form PCS-107 as a guide to ensure the policies and procedures comply with their resulting contract prior to submitting their policies, procedures and any applicable documents.

http://www.txsmartbuy.com/sp/HHS0004774

Addendum #3

January 2, 2020

Item

Open Enrollment

Reference

http://www.txsmartbuy.com/sp/HHS0004774 The cover page name and title has been removed.

H. L. Whitman, Jr., Commissioner The cover page name and title has been replaced.

J. Masters, Commissioner

http://www.txsmartbuy.com/sp/HHS0004774

The following Subsection…