ESBD_File_328573_Addendum 2_Attachment 2_Q&As.pdf

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Attached to
Recovery Audit Contractor Services
Solicitation number
HHS0013244
Issued by
Dallas County, Irving City, Texas

About this file

The document is an addendum related to a Request for Qualifications (RFQ) issued by the Texas Health and Human Services (HHS) Office of Inspector General (OIG) for Recovery Audit Contractor (RAC) services. The RFQ seeks a qualified contractor to perform recovery audit services for identifying Medicaid underpayments and overpayments under the Medicaid state plan. The scope of work requires the contractor to conduct RAC activities in accordance with HHS OIG's directives and guidelines. The RFQ has an optional pre-proposal conference scheduled for July 26, 2023, and the deadline for submission of responses is August 21, 2023. The anticipated contract effective date is January 2024.

The document provides responses to vendor questions related to security requirements, authentication, scope of work, reporting, and contract terms. Key details include the requirement for the contractor to provide a portal solution that meets TX-RAMP Level Two compliance, and the state's openness to discussing certain contract requirements during negotiations, such as turnover planning and liability language.

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PCS 134

Form Revision Date 05/10/2021 Release Date 06/26/2015 Vendor Questions and Answers +/- Rows Reference Vendor Question HHS Response 9.0.0.2.20101008.1.734229 Respondents are required to provide a portal solution along with detailed security provisions that meet the compliance standards of TX-RAMP Level Two. See Addendum 2_Attachment 1_Revised RFQ HHS0013244, Section 1.2, Section 2.4.1 (B)(13), Section 2.13. See also additional exhibits included in RFQ Article IX and attached to Addendum 2: Exhibit- M HHSC Information Security Controls, Exhibit N – Insurance Security Assessment External Entities, and Exhibit O – HHS Information Security and Privacy Requirements.

For security control information see response to question 1.

Respondent should detail the level of authentication that their portal will provide and ensure they meet Texas Department of Information Resources requirements, including TX-RAMP certification. See Addendum 2_Attachment 1_Revised RFQ HHS0013244, Section 1.2, Section 2.4.1 (B)(13), Section 2.13. At a minimum vendors shall authenticate access to the portal with a combination of user ID and password for both internal and external users. Multi-factor authentication will also be considered but is not required.

See Addendum 2_Attachment 1_Revised RFQ HHS0013244, Section 1.2, Definitions. Click the link in this definition. At the resulting page, click TX-RAMP Manual 2.0. Consult Appendix D of this manual to determine whether a product or service is a cloud computing service subject to TX-RAMP.

Article II, Scope of Work requirements do not need to be individually affirmed unless the specific requirement references attestation. An aggregate affirmation in the “Executive Summary” that references all Scope of Work requirements is sufficient. Furthermore, the Respondent’s response to RFQ Sections 5.3, 5.4, 5.5, and 5.6 should address all requirements in the Scope of Work.

While there is no maximum, HHS OIG expects the contractor to complete a minimum of two calls to the provider to request medical documentation for all Complex Scenarios.

The “other reports” in RFQ Section 2.2.3, (B) (11) do not have an anticipated number or type but, rather, is intended to allow for ad hoc reports that are not currently envisioned but may be needed to address program needs, legislative inquiries, open records requests, or other information during the term of the contract. If the reports in RFQ Section 2.2.3 (B) (1)(10) are robust and comprehensive, ad hoc reports should be a rare occurrence.

The SPA [State Plan Amendment] for the Medical Director does not expire. HHS OIG anticipates that this exception will continue through the term of this contract.

The online portal is solely for work done under this Scope of Work.

Yes, the portal must support the upload of additional documentation and the application of HHS appeal policies and procedures.

Yes, unless an alternative, interim option is approved by HHS OIG. See RFQ Section 2.6 (C) Deliverables.

See Exhibit B HHS UTCs Vendor v3.3 Section 5.2 Contractors Pre-Existing Works.

No, HHS OIG will not consider adding this language.

No, HHS OIG will not consider adding this language.

HHS OIG is open to discussing this requirement during negotiation and, further, would depend upon the state’s acceptance of the turnover plan and the amount of outstanding recoveries at contract expiration.

No, HHS OIG will not agree to change the phrase “will be assessed” to “may be assessed.”

The language in RFQ Section 2.8.1 (G), already says “may.”

The percent of appeals in RFQ Section 2.8.1 (G), is not based on the total of overpayment amounts identified. This requirement is based on the number of appeals overturned compared to the total number of appeals processed for a given period.

No, HHS OIG will not change this requirement since the selected contractor has the ability to request an extension to the deadline as specified in RFQ Section 2.8.1 (K).

The Texas RAC Program currently operates in a fee-for-service (FFS) environment only.

The figures below are approximate and based on a state fiscal year (September 1 – August 31) rather than calendar year. Since “audits” is not a defined term, only recovery amounts are presented. Recoveries are net, already reduced by contractor contingency fees.

• SFY 2022: $52,000,000 recovered

• SFY 2021: $40,000,000 recovered Yes, refer to RFQ Section 3.5.2 Page Limit and Supporting Documentation.

No, minimum qualifications are considered supporting documentation per RFQ Section 3.5.2.

Yes, the project plan in RFQ Section 5.3 should address how the Respondent will meet the requirements detailed in the Scope of Work. The Respondent has the latitude to submit the response in the manner of their choice, if it adheres to the requirements in Article II.

This is confirmed, it is not included in the 25-page limit. See RFQ Section 3.5.2 Page Limit and Supporting Documentation only applies to Article 5 Statement of Qualifications.

Yes, all this is confirmed per RFQ Section 8.1.5 Public Information Act (A) (3). Claimed exemptions must be clearly identified on the Original Solicitation Response, not a copy.

The state is open to discussing this during negotiations.

Requested modifications of the HHS Uniform Terms and Conditions should be advanced as exceptions in Exhibit E. See also Exhibit B – HHS UTCs Vendor v 3.3, Section 5.2 Pre-existing works.

This will be directed by System Agency at time of request.

Requested modifications of the HHS Uniform Terms and Conditions should be advanced as exceptions in Exhibit E.

Requested modifications of the HHS Uniform Terms and Conditions should be advanced as exceptions in Exhibit E.

Requested modifications of the HHS Uniform Terms and Conditions should be advanced as exceptions in Exhibit E.

Requested modifications of the HHS Uniform Terms and Conditions should be advanced as exceptions in Exhibit E.

Any existing SaaS must meet the definition of NIST as specified in by the National Institute of Standards and Technology (NIST) in Special Publication No. 800-145 (https://csrc.nist.gov/pubs/sp/800/145/final).

See response to question 35 regarding the use of a SaaS system. Also requested modifications of the HHS Uniform Terms and Conditions should be advanced as exceptions in Exhibit E.

Requested modifications of the HHS Uniform Terms and Conditions should be advanced as exceptions in Exhibit E.

Requested modifications of the HHS Uniform Terms and Conditions should be advanced as exceptions in Exhibit E.

Requested modifications of the HHS Uniform Terms and Conditions should be advanced as exceptions in Exhibit E.

The link to HHS standards for date management are published here: https://dir.texas.gov/information-security/texas-risk-and-authorization-management-program-tx-ramp

a) No, HHS OIG will not consider striking “any liability.”

b) No, HHS OIG will not consider striking “additional named insured.”

This is a procurement of services from the Contractor. FFATA is optional.

HHS OIG is open to discussing this requirement during negotiation.

HHS OIG is open to discussing this requirement during negotiation.

HHS OIG is open to discussing this requirement during negotiation.

CurrentPageNumber:
SolicitationName: Recovery Audit Contractor Services
SolicitationType: RFP
ProcurementNo: HHS0013244
Agency: 529 - HHSC
PurchaserName: Jennifer Fidler
PurchaserEmail: jennifer.fidler@hhs.texas.gov
PurchaserEmail: 512-406-2591
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Cell3: Section 2.4.1, Subsection B.3 (Page 21)
Cell3: Exhibit A (Page 9, 46)
Cell3: Section 2.4.1, Subsection B.2 (Page 2)
Cell3: Exhibit A, Page 9, 47
Cell3: Article II, Scope of Work (Pages 9-36)
Cell3: Section 2.2.2.2, Subsection E (Page 15)
Cell3: Section 2.3, Subsection B.11 (Page 18)
Cell3: Section 2.3.2.1, Subsection B.1 (Page 19)
Cell3: Section 2.4.1, Subsection B.2 (Page 2[1])
Cell3: Section 2.4.1, Subsection B.8 (Page 22)
Cell3: Section 2.4.1, Subsection E (Page 22)
Cell3: Section 2.6, Subsection C (Page 24)
Cell3: Article II. Scope of Work, Section 2.7, Contract Turnover Requirements, Item (B)(6). (Page 29)
Cell3: Article II. Scope of Work, Section 2.7, Contract Turnover Requirements, Item (J)(2). (Page 31)
Cell3: Section 2.7, Subsection J.3.B (Page 31)
Cell3: Section 2.8.1, Subsection D (Page 33)
Cell3: Section 2.8.1, Subsection G (Page 33)
Cell3: Section 2.8.1, Subsection G (Page 33)
Cell3: Section 2.8.1, Subsection K (Page 33
Cell3: Section 2.10.3 (Page 36)
Cell3: Article II. Scope of Work, Section 2.10.3, Historical Compensation. (Page 36)
Cell3: Article V. Statement of Qualifications, Section 5.1, Executive Summary. (Page 53)
Cell3: Article V. Statement of Qualifications, Section 5.2, Minimum Qualifications Documentation. (Page 53)
Cell3: Article V, Statement of Qualifications (Page 53)
Cell3: Article VI. Required Respondent Information, Sections 6.1 to 6.6. (Pages 57 to 28)
Cell3: Article VIII. General Terms and Conditions, Section 8.1.5, Public Information Act – Respondent Requirements Regarding Disclosure. (Page 60)
Cell3: Exhibit A (Page 5, 27)
Cell3: Exhibit B, Page 7, Section 1.1
Cell3: Exhibit B, Section 5.7, Subsection D (Page 12)
Cell3: Exhibit B, Section 8.2, Subsection B (Page 14)
Cell3: Exhibit B, Article X (Generally) (Pages 16-17)
Cell3: Exhibit B, Section 9.3, i (Page 16)
Cell3: Exhibit B, Section 9.3, ii (Page 16)
Cell3: Exhibit B, Section 5.2, a and b (Page 11)
Cell3: Exhibit B, Section 5.2, a and b (Page 11)
Cell3: Exhibit B, Section 10.1, A (Page 16)
Cell3: Exhibit B, Section 10.2, A (Page 16)
Cell3: Exhibit B, Article XI (Page 18)
Cell3: Exhibit B, Section 11.23 (Page 23)
Cell3: Exhibit D – HHS Data Use Agreement, Article 5. General Provisions, Section 5.07, Insurance.
Cell3: Exhibit J
Cell3: Exhibit L – Insurance Requirements, Section A. General Insurance Requirements, Item 9. (Page 1)
Cell3: Exhibit L – Insurance Requirements, Section B. Required Policy Clauses, Items 1 and 2. (Page 2)
Cell3: Exhibit L – Insurance Requirements, Section B. Required Policy Clauses, Item 3. (Page 2)
Cell4: Can HHS OIG provide examples of user categories and security provisions expected and does the HHS policy support this requirement?
Cell4: Will the State provide a link as to where the overall security controls are published?
Cell4: What level of authentication process is expected for the user authentication for external and internal users the online portal?
Cell4: Does this provision apply to Contractor’s use of any cloud computing environments or cloud vendors as part of its back-office functions in delivering the services to its customers in general, including the State?
Cell4: Please confirm that the requirements in the Article II Scope of Work are not to be affirmed individually in the proposal response and that only an affirmation statement to the requirements in this section is needed in the Executive Summary (Article V, Section 5, Pg.53).
Cell4: How many follow up calls does HHS OIG expect at a maximum for the contractor to complete?
Cell4: What is the expected number and types of reports that the contractor will be providing monthly and quarterly?
Cell4: When does the current SPA for Medical Director with TX license expire and does the state intend to request extend the SPA under a new contract period?
Cell4: Is the online portal solely for work done under this Scope of Work or does the State intend to use the portal to support other appeal needs within the department?
Cell4: Within the online portal, is the expectation for the portal to fully support the appeal process, including uploading of additional documentation and integration of HHS OIG Policies and Procedures?
Cell4: If the contractor is unable to have capabilities developed on Day 1 of operation, is the expectation that it would be accessible within 30 days of kick off?
Cell4: Delivery of the Online Portal is specified as a “Deliverable”. The term “Deliverable” means a “Work Product” (see page 5, Section 1.1 of Exhibit B -HHS UTCs Vendor v3.3). If Contractor is utilizing its existing commercial SaaS based portal/pre-existing intellectual property to serve as the Online Portal, will the State agree that such existing commercial SaaS based portal of Contractor would not be deemed to be “Work Product”?
Cell4: Would HHS OIG consider adding “non-proprietary” to the phrase: “Detailed [non-proprietary] descriptions of functional business processes and workflows, including functional descriptions of technology solutions such as the online portal”
Cell4: Would HHS OIG consider striking the following lines from this term: “If requested by HHS OIG, this individual may be required to be available as needed for a six (6) month period following Contract termination. The individual proposed by the Contractor must be approved by HHS OIG”?
Cell4: If contractor submits a provision in the turnover plan that includes the collection of identified recoveries, would the state approve the contractor to invoice until all recoveries are collected?
Cell4: Will the State agree to change the phrase from “will be assessed” to “may be assessed”?
Cell4: Will the State agree to change the phrase from “will be assessed” to “may be assessed”?
Cell4: Please confirm the requirement to have less than 5% of appeals overturns is calculated on the total of overpayments identified?
Cell4: Will the State agree to change the phrase from “will be assessed” to “may be assessed”?
Cell4: Please confirm if the annual compensation of the current contract is based on audits for the FFS population only?
Cell4: For calendar years 2022 and 2021, respectively, please provide the number of audits performed and total dollars recovered by claim type.
Cell4: Paragraph 1 indicates, “The executive summary must not exceed two (2) pages.” Is the 2-page executive summary included in the 25-page limit referenced in Article III. Administrative Information, Section 3.5.2, Page Limit and Supporting Documentation on page 43?
Cell4: Is respondent’s “documentation that demonstrates its compliance with the minimum qualifications” included in the 25-page limit referenced in Article III. Administrative Information, Section 3.5.2, Page Limit and Supporting Documentation on page 43?
Cell4: Please clarify if the project plan in section 5.2 a,b and c should address the requirements outlined in the Scope of Work. If so, would the state prefer a crosswalk in the Section 5 response referencing the individual requirements located in the Scope of Work.
Cell4: Please confirm respondent’s required information requested in these sections is not included in the 25-page limit referenced in Article III. Administrative Information, Section 3.5.2, Page Limit and Supporting Documentation on page 43.
Cell4: Section 8.1.5(A)(3) indicates, “Identify, adjacent to each portion of the Solicitation Response that Respondent claims is exempt from public disclosure, the claimed exemption from disclosure”. Please confirm respondents are permitted to provide the claimed exemption from disclosure in the margins. In the alternative, are respondents permitted to provide the claimed exemption from disclosure as an attachment so long as the attachment clearly indicates section, portion of the response, and page number(s) to which the exemption relates?
Cell4: Due to the highly confidential nature of the information, will the State accept a summary of the business continuity plan and disaster recovery plan in lieu of receiving copies of the plans?
Cell4: Regarding the definition of "Work Product", will the State agree that works, whether or not included in the Deliverables, that Contractor develops, produces, generates, or provides outside of its services to the State (and all enhancements, modifications, improvements or derivatives thereof), without the use of any funding provided under this Contract are not Work Product, and that such works are exclusively owned by the Contractor?
Cell4: Is there a particular format for which Contractor must deliver the State Data to State?
Cell4: Will the State agree that the State will not have the right to: (i) audit/access information excepted from public disclosure under Tex. Government Code §552.110, §552.1101; (ii) audit/access Contractor’s legal documents/records/communications and information that Contractor has a legal or contractual obligation to protect from disclosure, and (iii) access the portion of the facilities where services are performed for other customers?
Cell4: Will the State agree to add wording throughout to qualify the attorney’s fees as being reasonable (i.e., “reasonable attorney’s fees”)?
Cell4: Will the State agree to a cure period regarding a material breach by Contractor, or if Contractor has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction over the parties and Contract and such violation prevents or substantially impairs performance of Contractor’s duties under the Contract, provided any such breach is curable?
Cell4: Will the State agree to provide at least 30 days prior written notice of a termination for convenience, unless, based on the specific circumstance of the termination, State is unable to provide such notice?
Cell4: Will the State utilize an existing commercial SaaS based portal/pre-existing intellectual property (which includes all enhancements, modifications, improvements or derivatives thereof) of Contractor to serve as the Online Portal?
Cell4: If the State will utilize an existing commercial SaaS based portal/pre-existing intellectual property (which includes all enhancements, modifications, improvements or derivatives thereof) of contractor to serve as the Online Portal, then in lieu of the perpetual/irrevocable/transferable license grant and the associated broad rights for the State to sublicense, reproduce, modify, copy, create derivative works, publish, publicly perform and display, offer to sell, make and have made in any medium, will the State agree that it would have only a non-exclusive right to access and use such existing commercial SaaS based platform/pre-existing intellectual property of contractor for the term of the contract?
Cell4: Will the State agree to modify the language to specify that the indemnification obligation is limited to liability, actions, claims, demands, or suits resulting from actions, claims, or demands lodged by third parties?
Cell4: Will the State agree to modify the language to specify that the intellectual property indemnification obligation is limited to third party claims?
Cell4: Will the State agree to include a limitation of liability provision (to be negotiated by the parties) in favor of the Contractor that is subject to customary carve-outs/liability exceptions and potential super-cap damages amounts?
Cell4: Will the State provide a link to where the HHS standards for data management are published?
Cell4: Section 5.07(A) indicates, “…HHS may require Contractor to maintain, at its expense, the special and/or custom first- and third-party insurance coverages, including without limitation data breach, cyber liability, crime theft and notification expense coverages, with policy limits sufficient to cover any liability arising under this DUA, naming the State of Texas, acting through HHS, as an additional named insured and loss payee, with primary and noncontributory status.”

a. Would HHS OIG consider striking “any liability” from this clause as it could conflict with the contractor’s policy endorsements and/or exclusions?

b. Would HHS OIG consider striking “additional named insured” from this clause as most insurers typically will not grant clients all the same policy rights as the insured?

Cell4: Does the State consider the awarding of the contract to be: (i) a “subaward” pass through grant to Contractor as a subrecipient, or (ii) “a procurement of services from Contractor” as a vendor? The question is presented as FFATA reporting appears to apply only to the former.
Cell4: Would HHS OIG consider revising “Coverage shall be written on an occurrence basis” to “Coverage shall be written on a claims-made basis”, which is standard for these types of insurance coverages?
Cell4: Would HHS OIG consider waiving the clauses set forth in items 1 and 2 for professional liability lines of coverage as insurers do not typically cover such clauses?
Cell4: Would HHS OIG consider striking the clause set forth in item 3 as insurers are reluctant to provide because it limits their rights of recovery in a claim?
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