Exhibit A Sample Contract.pdf

CONTRACT #CXXX

EXHIBIT A

SAMPLE CONTRACT

CONTRACT BETWEEN

THE FLORIDA DEPARTMENT OF CORRECTIONS

AND

VENDOR’S NAME

This Contract is between the Florida Department of Corrections (“Department”) and Vendor’s name (“Contractor”), which are the parties hereto.

WITNESSETH

WHEREAS, the Department has supervisory and protective care, custody, and control of the inmates, buildings, grounds, property, and all other matters pertaining to facilities and programs for the imprisonment, correction, and rehabilitation of adult Offenders in accordance with Section 945.025, Florida Statutes (F.S.);

WHEREAS, it is necessary that budget resources be allocated effectively;

WHEREAS, this Contract is entered into based on quotes obtained through Request for Quote (RFQ) FDC RFQ-XX-XXX, and pursuant to Section 287.057(3)(e)5., F.S., which authorizes health services involving examination, diagnosis, treatment, prevention, medical consultation, or administration, including substance abuse and mental health services to be procured without receipt of sealed competitive bids or competitive sealed proposals and Section 945.025(4), F.S., which provides that nothing contained in Chapter 287, F.S., shall be construed as requiring competitive bids for health services involving examination, diagnosis, or treatment; and

WHEREAS, the Contractor is a qualified and willing participant to provide outpatient substance use disorder treatment (“Outpatient Treatment”) and aftercare services (jointly referred to as the “Program”) to Offenders under the Department’s community supervision in the Judicial Circuit XX.

THEREFORE, in consideration of the mutual promises contained herein, the Department and the Contractor agree as follows:

I. CONTRACT TERM AND RENEWAL

A. Contract Term

This Contract shall begin on XXXX, or the date it is signed by both parties, whichever is later, and shall end on XXXX In the event this Contract is signed by the parties on different dates, the latter date shall control.

B. Contract Renewal

The Department has the option to renew this Contract, in whole or in part, for up to an additional five (5) year period, or portions thereof, beyond the initial Contract term upon the same terms and conditions contained herein, except that the Department may negotiate lower pricing. Exercise of a renewal option is the Department’s exclusive option and shall be conditioned, at minimum, upon the Contractor’s satisfactory performance of this Contract and subject to the availability of funds. The Department, if it desires to exercise its renewal option, will provide written notice to the Contractor no later than 90 Days prior to the Contract expiration date. The Department shall not incur or pay any fees or costs associated with the processing of a renewal.

II. CONTRACT

A. Definitions

The capitalized terms used in this Contract, unless the context otherwise clearly requires a different construction and interpretation, have the following meanings:

1. Aftercare Plan: An individualized plan that outlines the goals to be accomplished through aftercare services, including regular counseling sessions and ancillary services, as needed.

2. Business Day: 8:00 a.m. to 5:00 p.m., Eastern Time (ET), excluding weekends and State holidays.

3. Clinical File: The file developed and maintained by the Contractor for each Offender participating in the Program that contains clinical treatment information in accordance with Chapter 65D-30, Florida Administrative Code (F.A.C.) 42 Code of Federal Regulations (C.F.R.), Part 2; Subsection 397.501(7); F.S.; the Department’s Community Based Residential Treatment Program Guide, and any additional programmatic requirements for each Offender.

4. Community Supervision Program Referral (Form DC5-404): The Department’s form used by the Department and the Contractor to document referral, treatment evaluation, outcome, and discharge for each Offender.

5. Comprehensive Program Evaluation (CPE): The Department’s in-depth Contract compliance monitoring technique to document the Contractor’s compliance with the terms of this Contract, and to evaluate overall Program functioning.

6. Contract: This agreement between the Contractor and the Department memorializes the terms and conditions negotiated by the parties.

7. Contract Manager: The Department’s employee, or designee, responsible for performance oversight and operational management of the Contract. The Contract Manager is designated in Section V. of this Contract.

8. Contract Quality Assurance Program Manager (CQAPM): The Department’s employee, or designee, responsible for implementing a Quality Assurance Program, evaluating the quality of services rendered by the Contractor, and ensuring efficient and effective service delivery.

9. Co-Payment Status: An Offender’s payment status wherein the Department will compensate the Contractor for 50% of any applicable fee(s) for services provided, and the Offender pays the remaining 50% of any applicable fee(s) to the Contractor at the time services are rendered.

10. Corrective Action Plan (CAP): The Contractor’s written comprehensive plan to remedy deficiencies discovered in the course of contract monitoring or at any time during the term of this Contract.

11. Counselor: The Contractor’s staff providing direct clinical services who meet the minimum qualifications of a Primary Counselor or Qualified Professional.

12. Day: A calendar day unless otherwise stated.

13. Data Assessment Plan (DAP): Provides clinicians a format for organizing patient information and progress notes from counseling sessions.

14. DC Number: An Offender’s Department-assigned identification number.

15. Deliverables: The goods and services delivered to the Department in the course of Contract performance, which result in the Department’s payment to the Contractor.

16. Department Funded Status: An Offender’s payment status wherein the Department will compensate the Contractor for 100% of any applicable fee(s) for services rendered.

17. Expanded Solutions: Services and commodities the Contractor offered the Department or Offender, at no additional cost.

18. Full/Self-Payment Status: An Offender’s payment status wherein the Offender pays for 100% of any applicable fee(s) for services rendered.

19. Health Insurance Portability and Accountability Act (HIPAA): The Health Insurance Portability and Accountability Act of 1996 (HIPAA, Title II) and all related regulations, which requires the Department of Health and Human Services (HHS) to establish national standards for electronic health care transactions and national identifiers for providers, health plans, and employers. It also addresses the security and privacy of health data.

20. Individualized Treatment Plan: An individualized, written plan of action that directs all treatment services, is based upon information from the assessment and input from the Offender served, and establishes Offender goals and corresponding measurable objectives, time frames for completing objectives, and the type and frequency of services to be provided.

21. Initial Treatment Plan: A preliminary, written plan of treatment goals and objectives intended to inform the Offender of service expectations and to prepare the Offender for service delivery.

22. Intensive Outpatient Treatment (IOP): This service provides individual or group counseling in a more structured environment, is of higher intensity and duration than outpatient treatment and is provided to individuals who meet the placement criteria for this component. Intensive outpatient treatment shall consist of a least nine (9) hours of services per week, in accordance with Chapter 65D-30 F.A.C., inclusive of counseling.

23. Licensure: The statutory or regulatory authority to provide substance use disorder treatment programs to Offenders, issued by the Florida Department of Children and Families (DCF).

24. Local Contract Quality Assurance Coordinator (LCQAC): A Department staff member located in the Department region, designated by the Contract Quality Assurance Manager or designee to assist with monitoring the performance of the Contractor.

25. Offender: An individual who is under community supervision with the Department.

26. Primary Counselor: An employee who is part of the Contractor’s clinical staff, has primary responsibility for delivering and coordinating clinical services for an Offender, and who meets the qualifications required under Chapter 65D-30.0046, F.A.C.

27. Prison Rape Elimination Act (PREA): 28 C.F.R 115, National Standards to Prevent, Detect, and Respond to Prison Rape, under the “Prison Rape Elimination Act of 2003.”

The Act provides for analysis of the incidence and effects of prison rape in federal, state, and local institutions and for information, resources, recommendations, and funding to protect individuals from prison rape.

28. Probationary License: A license issued by the DCF for a new substance use treatment program or program component pending addition to an existing license, which is valid for 90 Days after the date of issuance but may be re-issued by the DCF for one (1) additional 90-Day period. A probationary license is issued to a new applicant upon completion of all applicable requirements outlined in Chapter 65D-30.0036, F.A.C. A probationary license cannot be extended and is replaced by a regular license.

29. Qualified Professional: As defined under Section 397.311(35), F.S., a physician or physician’s assistant licensed under Chapter 458 or Chapter 459, F.S.; a professional licensed under Chapter 490 or Chapter 491; an advanced registered nurse practitioner licensed under part I of chapter 464; or a person who is certified through a Department of Children and Families (“DCF’) recognized certification process for substance use treatment services and who holds, at minimum, a bachelor’s degree. A person who is certified in substance abuse treatment services by a state-recognized certification process in another state at the time of employment with a licensed substance abuse provider in this state may perform the functions of a qualified professional as defined in Section 397 but must meet certification requirements contained in Section 397.311(35) no later than 1 year after his or her date of employment.

30. Quality Enhancement Strategy (QES): The Contractor’s written comprehensive plan to address programming issues found during the LCQAC’s monitoring of the Contract.

31. Quality Improvement Plan (QIP): A written plan which addresses the minimum guidelines for the provider's quality improvement program as outlined in F.S. 397.4103 (2)(a-f).

32. Quality Improvement Program: A formal method of evaluating the quality of care rendered by a provider used to promote and maintain an efficient and effective service delivery system. It includes the use of a quality improvement process to prevent problems from occurring, so corrective efforts are not required.

33. Recovery Capital: The internal and external resources necessary for an Offender to achieve and maintain recovery from a substance use disorder(s) and make behavioral changes, recognizing that a variety of elements can support or jeopardize recovery, including social networks, physical, human, cultural, and community issues. Recovery Capital differs from Offender to Offender and may change over time.

34. Relapse Prevention: A type of substance use disorder treatment that includes therapeutic activities designed to foster greater awareness of an Offender’s substance use patterns and warning signs of regression and implements coping skills that support the Offender’s recovery from substance use disorder.

35. Risk Behavioral Interventions: Interventions identified and implemented to reduce risk and change an Offender’s behaviors.

36. Subcontract: An agreement entered into by the Contractor with any other person or organization that agrees to perform any performance obligation for the Contractor specifically related to securing or fulfilling the Vendor's obligations to the Department under the terms of the resultant Contract.

37. Supervising Probation Officer: An Offender’s Department-assigned correctional probation officer, or designee, who ensures the conditions of the Offender’s probation orders are met.

38. Supervising Qualified Professional: The Qualified Professional(s) responsible for overall supervision and coordination of clinical services.

39. Telehealth: The mode of providing care, treatment, or services by a Florida Qualified Professional through the use of clinical and medical information exchanged from one site to another via electronic communication. Telehealth does not include the provision of services only through an audio-only telephone, email messages, text messages, facsimile, or mail.

III. SCOPE OF SERVICE

A. General Service Description/Purpose

The Contractor shall provide an individualized, evidence-informed Program to Offenders on community supervision in the Judicial Circuit XX of Florida. The services required include intake screenings, assessments, individual and group counseling, Individualized Treatment Plan reviews, aftercare services including Aftercare Plan reviews, referrals for other treatment services, and any other service described herein. The goal of the Program is to motivate and assist each Offender in their personal recovery from a substance use disorder while allowing them to maintain a place of residence and employment in the community.

B. Rules and Regulations

1. All Program services provided under this Contract must meet the applicable requirements of Title 42 Code of Federal Regulations (C.F.R.) Part 2; the Health Insurance Portability and Accountability Act (HIPAA), Standards for Privacy of Individually Identifiable Health Information, Title 45 C.F.R., Parts 160, 162, and 164; Chapters 397 and 415, F.S.;

Chapters 33 and 65D-30, F.A.C.; Code of Ethics and Conduct for Addiction Professionals of Florida, Florida Certification Board; and other applicable local, State, and federal laws, rules, and regulations.

2. The Contractor shall provide all services in accordance with all current applicable federal and State laws, rules, regulations, applicable court orders, and the Department’s rules and procedures. All such laws, rules, and regulations, current or as revised, are incorporated herein by reference and made a part of this Contract. Should any applicable law, standard, rule, regulation, Department procedure, or directive change during the term of this Contract, the updated version will take precedence. The Contractor and the Department will work cooperatively to ensure service delivery is in complete compliance with all such rules and regulations.

3. During the term of this Contract, the Contractor shall maintain the required Licensure and appropriate accreditation to comply with the requirements and standards regarding the operation of the Program in accordance with Chapter 397, F.S., and Chapter 65D-30, F.A.C.

C. Communications

The parties will send Contract communications in two (2) forms, routine and formal, as follows:

Routine: Routine communications include all normal written communications generated by either party relating to service delivery. Routine communications must be acknowledged by the receiving party within two (2) Business Days and responded to within 30 Days of receipt.

Formal: Formal communications are written communications that relate to significant issues such as breach of contract, unsatisfactory performance, the assessment of financial consequences, or Contract termination. Formal communications will be marked clearly as a “Formal Communication” and must be acknowledged by the Contractor upon receipt and responded to within seven (7) Days via email.

The Department will use a date and numbering system to track formal communications.

The only persons authorized to use formal communications are the Department’s Director of Administration, Chief of Contract Management and Monitoring, Procurement Director, Contract Manager and Contract Administrator, and the Contractor’s Representatives. Other persons authorized to utilize formal communications must be agreed upon by both parties and identified in writing within 10 Days of Contract execution. Both parties must provide written notification of any subsequent changes to those authorized to use formal communications before issuing any formal communications from another person.

If an urgent problem arises, the Department will contact the Contractor, and the Contractor shall verbally respond to the Contract Manager within two (2) hours. If a non-urgent problem arises, the Department will contact the Contractor, and the Contractor shall verbally respond to the Contract Manager within 48 hours. The Contractor shall provide the Department all information and records that the Department deems necessary to respond to inquiries, complaints, or grievances from or about Offenders within three (3) Business Days of receiving the request.

D. Department’s Responsibilities

1. The Department will complete Section I of the Community Supervision Program Referral, Form DC5-404, for each Offender it approves for the Program and will forward the DC5- 404 to the Contractor. The Department will identify the Supervising Probation Officer on this form.

2. The Department will make available to the Contractor, upon request, all non-confidential records and social histories pertaining to the Offenders it refers, if such records are not otherwise protected from disclosure by law.

3. The Department will provide the Contractor a copy of all Department forms necessary to comply with Section III., W., General Reporting Requirements, during Program orientation.

4. The Department will provide the Contractor access to all applicable Department procedures, rules, and regulations. The Department will inform the Contractor of any regulatory or operational changes impacting the delivery of services to be provided pursuant to this Contract. If necessary, the Department will issue an amendment to the Contract and include any necessary changes.

E. Contractor’s Responsibilities

1. The Contractor shall ensure all staff or subcontractor(s) providing services under this Contract comply with prevailing ethical and professional standards and all State and federal statutes, rules, procedures, and regulations relevant to the provision of services.

2. The Contractor is responsible for all costs associated with local, State, and federal licenses, permits, applicable accreditation and inspections required to provide services. The Contractor shall ensure all required permits and licenses are currently maintained on site, and a copy is submitted to the Contract Manager upon request. The Contractor shall provide the Contract Manager a copy of any DCF Licensure corrective action plan and accreditation report within 30 Days of receiving it from DCF or the accrediting agency.

3. The Contractor shall provide the Local Quality Assurance Coordinator (LCQAC) with a current copy of the program description, eligibility criteria, program rules, and specific criteria for program discharge or any changes upon request.

4. The Contractor shall submit all revisions and updates to the program description, program structure, eligibility criteria, and program rules to the Department’s Contract Manager for review and written approval prior to such revisions and updates being implemented once this Contract is executed.

5. The Contractor shall modify its service delivery to meet or comply with changes required by operation of law due to changes in practice standards or regulations or as a result of the legal settlement agreement, consent order, or change in the Department’s mission.

Excluding changes covered under Section III. B. Rules and Regulations, any changes to this Contract required to ensure continued compliance with State or federal laws, statutes, or regulations, legal settlement agreement or consent order, or Department procedure or mission, must be made in accordance with Section VI. CONTRACT MODIFICATION.

F. Administrative Requirements

1. The Contractor shall furnish its own supportive services (e.g., administrative or clerical staff) and supplies (e.g., office supplies, equipment, forms, etc.).

2. The Contractor shall provide its own internet access and maintain a current, active email address at all times during the Contract term.

3. The Contractor shall provide the Contract Manager copies of its new or renewed Program license(s) and applicable accreditation as it receives them. The Contractor shall provide the Contract Manager a copy of any DCF Licensure corrective action plan and accreditation report within 30 Days of receiving it from DCF or the accrediting agency.

G. Service Site and Service Schedules

Service Site Location(s)

Vendor’ Name Vendor’s Address

The Contractor may provide Telehealth services to Offenders in the Judicial Circuit XX.

The Contractor attests that any service location listed above is approved for the purposes outlined in this Contract. The service locations shall meet all State, County, and City zoning, permitting, and licensing requirements and any other requirements necessary to operate the service locations. The Contractor shall provide such documentation to the Contract Manager, upon request, at any time during the Contract term. The Contractor shall notify the Contract Manager of any zoning changes, notices, challenges from zoning bodies, or complaints from citizens or other entities regarding the operation of the service location within 72 hours of receipt or knowledge of the change, notice, challenge, or complaint.

1. Contractor Requested Change in Service Site Location(s)

The Contractor may request a change in service site location(s) subsequent to the Contract execution. Requests for changes to the service site location(s) must be submitted to the Contract Manager in writing and must include an effective date for the requested change.

A copy of the DCF Licensure Certificate, along with any other documents necessary to operate the service site location(s) must be included with the request. The Department will evaluate the request and, if approved, send a written approval of the change via Formal Communication. Services may not be delivered at any changed service site location prior to receipt of the Department’s Formal Communication, and the Contractor will not be compensated for any services delivered at a changed service site location until receipt of the Formal Communication. The Department’s approval will be followed by a formal Contract amendment within 90 Days.

In the event of an emergency, the Department may approve a temporary change in service site location by a written Formal Communication as long as the temporary change in service site location is within a 50-mile radius of the Contractor’s original approved service site location and the temporary service site location is not expected to last more than 30 Days. If the temporary change in service site location will last more than 30 Days, this is no longer considered a temporary service site location, and a written Contract Amendment shall be executed between the parties in regard to the new service site location prior to any payment for service at the service site location.

2. Department Change in Service Site Location(s)

The Department reserves the right to require the Contractor to change a service site location if it is determined to be inaccessible, inconvenient to Offenders, or unsuitable for the provision of Contract services.

In addition, the Department reserves the right to add, delete, or change service delivery locations upon written notice of no less than 30 Days if determined to be in the best interest of the Department. The Contractor shall change the service site location as soon as possible, not to exceed more than 30 Days after execution of a written Contract amendment signed by both parties.

3. Service Times

The Contractor shall provide Program services at times accessible and convenient to Offenders and be reasonably flexible in scheduling all clinical services to accommodate Offenders’ work schedules. The Contractor shall secure the LCQAC’s, or designee, approval of the Program’s schedule and any revisions thereof prior to schedule implementation.

H. Service Requirements

1. Program Referrals (DC5-404)

a. The Department will refer appropriate and approved Offenders to the Contractor in a timely manner within the parameters of this Contract using the DC5-404. The Department, as the referring party, will complete Section I of the DC5-404, or its electronic equivalent, and will forward the form to the Contractor. The Contractor shall ensure that each Offender referred for services has a DC5-404, with Section I completed. The Department is not liable for payment of services related to any Offender who it has not referred, approved, or does not have a DC5-404, with Section I completed on file with the Contractor.

b. In order to qualify for services, an Offender must be eligible according to the criteria outlined in Section III., H., 2, Offender Admission Criteria (below). The Contractor shall ensure Offenders sign all appropriate releases, including releases that allow the Department access to all Program information and alcohol and drug screening and testing results prior to Offender admission into the Program and prior to the provision of any services.

c. Upon an Offender’s admission to the Program, the Contractor shall complete Section

II of the DC5-404 and email a copy to the Supervising Probation Officer within three

(3) Business Days. The Contractor shall retain a copy of this form in the Offender’s Clinical File. The Contractor must maintain evidence that the form was submitted within the required timeframe.

d. The Contractor shall have a written detailed procedure for completing, maintaining, and tracking Offender referrals. This procedure must meet the timeframes and requirements established by the Department and this Contract.

2. Offender Admission Criteria

To be eligible for Program admission, an Offender must be under community supervision with the Department and must be either court-ordered, required through Interstate Compact, referred in accordance with the terms of a pre-trial intervention agreement, or referred by a Supervising Probation Officer. The Department will approve the admission of an Offender via the DC5-404.

3. Program Discharge

a. There are three (3) types of discharge from the Program: successful, unsuccessful, and administrative. The criteria for each type of discharge are listed below:

1) Successful Discharge

Successful Discharge occurs when an Offender meets all of the following criteria:

a) The Offender complied with all Program requirements;

b) The Offender made satisfactory progress toward treatment goals identified in the Individualized Treatment Plan; and

c) The Offender obtained maximum benefit from the Program, as determined by a Primary Counselor and a Qualified Professional.

2) Unsuccessful Discharge

Unsuccessful Discharge occurs if the discharge is a result of any of the following criteria:

a) The Offender committed a violation of Program rules;

b) The Offender failed to meet the requirements of a successful discharge as outlined above; or

c) The Offender had three (3) unexcused absences from scheduled treatment events.

The Offender's Primacy Counselor and a Qualified Professional, as applicable, shall determine if an Offender will be unsuccessfully discharged. The discharge decision must be based on the criteria defined above and clinically justified in the Offender's Clinical File.

3) Administrative Discharge

An Administrative Discharge does not imply the Offenders success or failure in the Program. Some of the reasons for which an Offender might be administratively discharged from the Program include, but are not limited to:

a) A medical or mental health condition which prohibits an Offender from participating in the Program;

b) A clinical determination that an Offender is not in need of substance use disorder treatment;

c) Expiration of an Offender’s sentence;

d) Death of an Offender; or

e) Other approved reasons outside of the control of an Offender or the Program and unrelated to the Offender’s Program compliance.

b. The Contractor shall complete Section III of the DC5-404 and provide it to the

Offender’s Supervising Probation Officer within three (3) Business Days of the Offender’s discharge from the Program. The Contractor shall retain a copy of this form in the Offender’s Clinical File. The Contractor must maintain evidence that the form was submitted within the required timeframe.

c. The Contractor’s target fiscal year successful discharge rate shall not be less than 52%. Fiscal year rates of less than 52% will require the Contractor to complete a QES, which outlines the detailed activities that will be used to achieve or exceed this target.

The Contractor shall secure approval from the LCQAC prior to its implementation.

d. The Contractor shall prepare a written discharge report and shall submit that report to the Supervising Probation Officer within 10 Business Days of an Offender’s discharge from the Program. This discharge report must specifically indicate the Offender’s discharge type (successful, unsuccessful, or administrative), identify any ancillary programs in which the Offender participated while in treatment, and must outline an Aftercare Plan, including further treatment recommendations, as applicable. The Contractor shall maintain the supporting documentation for discharge in the Offender’s Clinical File.

e. The Contractor shall have a detailed procedure of the discharge process for services provided under this Contract. This procedure shall describe the specific criteria for Successful, Unsuccessful, and Administrative Discharges, as defined in Section III., H., 3., Program Discharge.

4. Offender Payments

a. An Offender’s payment status will be indicated by the Department on the DC5-404 (Department Funded, Co-Payment or Full/Self-Payment Status). All terms and conditions of this Contract shall apply equally to each Department-referred Offender receiving services, regardless of payment status. The Contractor may refuse services if an Offender in Co-Payment Status or Full/Self-Payment Status does not pay the required fees. The Contractor shall notify the Offender’s Supervising Probation Officer if this occurs and document the notification in its monthly progress report.

b. The Contractor shall establish and maintain a procedure for the collection, receipting, and accounting of Offender payments, as well as any additional fees an Offender may incur. This procedure shall describe in detail the process for receiving and recording Offender payments; follow generally accepted accounting principles (GAAP); follow policies regarding timeframes for payments; include consequences to an Offender if he/she fails to pay as required; include a description of any fees charged to Offenders;

include a description and purpose of all fees. The Contractor must submit any fee not specified in this Contract to the LCQAC for review and approval prior to its assessment.

c. It is the responsibility of the Contractor to collect the fees owed by an Offender in Co- Payment or Full/Self-Payment Status. The Department is not responsible for collecting any payment from any Offender, including collection of overdue or unpaid amounts an Offender might owe to the Contractor. The Department will only pay for services provided by the Contractor or approved Subcontractor(s).

I. Required Program Characteristics

Program services shall include, but not be limited to, the following attributes, interventions, and practices:

1. Attributes

The Contractor shall provide the Program designed in such a manner that intake screening, assessment, individual counseling, Individualized Treatment Plan reviews, group counseling, discharge planning, and all aftercare services are sensitive to the Offender’s unique characteristics, criminogenic risk factors and needs. This shall include assessing cultural needs and responsivity factors such as motivation for treatment, stage of change, functional capacity to participate in the Program, cognitive abilities, and learning style.

The Contractor’s Program design and service delivery plan shall demonstrate sensitivity to the vulnerabilities of Offenders who are trauma survivors and must protect them from experiencing additional trauma.

2. Risk Behavioral Interventions

The Contractor shall implement individual and group programming that teaches Offenders to anticipate and monitor problem behaviors, plan, rehearse, and practice alternatives to problem behaviors, and practice behaviors in stressful or difficult situations or scenarios.

The Offender’s Individualized Treatment Plan shall list risk behavioral intervention activities to be completed during the Program.

3. Evidence-Informed Practices

The Contractor shall deliver services in a manner consistent with prevailing research on effective correctional treatment programs, including those listed below:

a. The Program shall be cognitive-behavioral in nature, which includes taking a strengths-based perspective and the use of positive reinforcement contingencies for pro-social behavior.

b. The Program shall incorporate social learning practices.

c. The Program shall target a wide range of Offender criminogenic needs including:

1) Anti-social Personality (Social Awareness);

2) Criminal Associates;

3) Substance Use;

4) Family and Marital;

5) Leisure, Recreation, and Wellness;

6) Criminal Thinking and Attitude; and

7) Employment and School.

d. The Program shall match key Offender characteristics and learning styles with relevant Counselor characteristics and Program features.

e. The Program shall have well-trained, supervised staff or subcontractor(s) who receive performance monitoring and ongoing training.

f. The Program shall have a strong quality improvement component that ensures fidelity to the treatment model and the chosen curricula.

g. The Program shall operate using a trauma-informed approach and offer trauma-informed interventions.

The Contractor shall have a comprehensive and detailed plan demonstrating how its Program services meet the required characteristics inclusive of the attributes, risk behavior interventions, and the requirements of evidence-informed practices.

J. Quality Improvement

1. Quality Improvement Program

The Contractor shall have a Quality Improvement Program to monitor and evaluate the appropriateness and quality of care, to ensure that services are rendered consistent with prevailing professional standards, and to identify and resolve problems objectively and systematically. The program must also meet the requirements in Section 397.4103(6)a.-d., F.S.

2. Quality Improvement Plan

The Contractor shall provide the LCQAC a written Quality Improvement Plan that complies with the requirements set forth in Section 397.4103, F.S., and ensure the use of a continuous quality improvement process in accordance with Chapter 65D-30, F.A.C.

The Contractor is responsible for all costs incurred as a result of implementing its Quality Improvement Plan.

3. Quality Improvement Reports

The Contractor shall provide the LCQAC a written Quality Improvement Report semi-annually (January 31st and July 31st) detailing the findings of its Quality Improvement Plan.

K. Treatment Implementation

1. Program Screening

a. The Contractor shall screen an Offender within 10 Days of receiving the DC5-404.

This screening will be used to determine the Offender’s appropriateness and eligibility for services, the level of services needed, and any other disposition. The screening shall be a minimum of 45 minutes in duration. The Contractor shall document the rationale for its recommendation and any action taken. The Contractor shall refer each Offender it identifies as having a substance use disorder (by admitted drug usage, positive urinalysis, a drug offense, other significant reports, etc.) to the appropriate level of treatment, either Outpatient Treatment or aftercare services, regardless of whether the Offender admits to a drug problem or desires to enter treatment. If residential treatment or detoxification is warranted, the Contractor shall notify the Offender’s Supervising Probation Officer within 24 hours of screening so the Supervising Probation Officer may appropriately follow up with the sentencing court or releasing authority. In such cases, the Contractor shall document such recommendations in the written narrative summary.

b. The Contractor shall provide a written narrative summary of an Offender’s screening and initial Program recommendations to the Supervising Probation Officer within 10 Business Days of the Offender’s screening.

c. If the screening exceeds 10 Days due to reasons beyond the Contractor’s control, the

Contractor shall notify the LCQAC in writing unless the Offender’s Supervising Probation Officer requests the appointment be made outside the 10-day timeframe. If the screening date exceeds 30 Days from the original referral date, the Contractor shall request a new DC5-404 from the Supervising Probation Officer.

d. If an Offender reschedules the screening appointment, the Contractor shall notify the Supervising Probation Officer via written notice or telephone within 24 hours. If an Offender fails to appear for any scheduled appointment, the Contractor shall notify the Supervising Probation Officer within three (3) Business Days of the missed appointment, via the DC5-404 or by other written notice.

e. The Contractor shall have a procedure for its screening process to include timeframes, screening tools utilized, and provisions for Offenders who do not meet the criteria for the Program.

2. Primary Counselor

The Contractor shall ensure each Offender is assigned a Primary Counselor. No Primary Counselor shall have a caseload exceeding 50 Offenders, and a part-time Primary Counselor shall not have a caseload exceeding 25 Offenders without written approval from the LCQAC.

3. Orientation

Upon placement in the Program, the Contractor shall provide orientation to the Offender(s) in accordance with Chapter 65D-30, F.A.C. This may occur prior to admission or upon entry into the Program. Orientation shall include, at minimum:

a. A description of services to be provided;

b. Review of applicable fees;

c. Information on client rights;

d. Limits of confidentiality;

e. General information about the Contractor’s infection control policies and procedures;

f. Program rules;

g. Client grievance procedures; and

h. Completion of an Initial Treatment Plan.

4. Psychosocial Assessment, Medical History, and Adverse Childhood Experience (ACE)

Questionnaire

The Contractor shall complete a psychosocial assessment and medical history in accordance with the requirements and timeframes specified in Chapter 65D-30, F.A.C.

The Contractor shall complete the ACE questionnaire, or a Department-approved alternative, as a part of its psychosocial assessment.

L. Outpatient Substance Use Disorder Treatment

1. The Contractor shall provide Outpatient Treatment services in accordance with the

Contract requirements and timeframes specified in Chapter 65D-30, F.A.C., based on each Offender’s identified needs, attributes, and the severity of the Offender’s substance use disorder. The Contractor’s Outpatient Treatment shall incorporate evidence-informed practices and include risk behavior interventions.

2. The Contractor shall monitor and document each Offender’s progress in the Program, including appointment attendance, participation in group therapy, potential for relapse, Treatment Plan progress, and other contacts.

3. The Contractor shall provide multicultural Program services based on each Offender’s assessed needs, risks, attributes, and Recovery Capital.

4. The Contractor shall develop an Initial Treatment Plan for each Offender referred for the Program, in accordance with Chapter 65D-30, F.A.C. The Initial Treatment Plan shall reflect the frequency and type of services and include the use of risk-reduction behavioral interventions as a part of treatment. The Contractor must demonstrate that the Offender engaged in the treatment planning process (i.e., signing of the Initial Treatment Plan) and include progress notes in DAP format in the Offender’s Clinical File describing the Offender’s engagement in the development of the Initial Treatment Plan.

5. The Contractor shall provide each Offender with the opportunity to engage in the development of the Individualized Treatment Plan and subsequent Individualized Treatment Plan reviews. The Contractor shall develop an Offender’s Individualized Treatment Plan from the psychosocial assessment, medical history, and ACE questionnaire and tailor the Individualized Treatment Plan to the Offender’s clinical needs and Recovery Capital. At a minimum, an Individualized Treatment Plan must address the Offender’s:

a. Substance use;

b. Criminogenic needs;

c. Correctional supervision;

d. Financial responsibility for any treatment services; and

e. Ancillary services.

6. Individual Counseling

During the course of treatment, the Contractor is authorized to provide no more than three

(3) individual counseling sessions without prior written authorization from the LCQAC.

Individual counseling sessions may be used for the development of the Offender’s Individualized Treatment Plan and Aftercare Plan. Individual counseling sessions shall be a minimum of 45 minutes of face-to-face or Department-approved Telehealth contact between the Contractor and the Offender.

7. Group Counseling

a. The Contractor shall offer various types of group counseling in order to provide each

Offender with clinically appropriate services based on need(s). The Offender’s Individualized Treatment Plan shall reflect the type and frequency of group counseling sessions in which the Offender is required to participate.

b. The Contractor shall provide each Offender at least one (1) group counseling session per week unless fewer are clinically indicated. The number of groups an Offender attends per week shall be based on an Offender’s clinical need. The Contractor shall reflect on each Offender’s Treatment Plan the frequency of group counseling sessions.

The number of group counseling sessions an Offender is required to attend may increase or decrease depending on the clinical need. Group counseling sessions shall be at least 60 minutes in duration, not including administrative tasks such as taking attendance and collecting fees. The recommended group size is 12 Offenders or less, and the maximum group size shall not exceed 15.

c. Group counseling sessions shall:

1) Be cognitive-behavioral in nature;

2) Incorporate social-learning practices; and

3) Target a wide range of Offender criminogenic attributes.

The Contractor shall secure the LCQAC’s written approval of all curriculums used in group counseling sessions prior to implementation.

8. Treatment Plan Reviews

The Contractor shall complete Individualized Treatment Plan reviews in accordance with the requirements and timeframes specified in this Contract and Chapter 65D-30, F.A.C.

The Offender shall engage and provide input as to their progress or lack of progress in completing their goals and objectives in each of the Offender’s Individualized Treatment Plan reviews. The Individualized Treatment Plan review session shall be at least 30 minutes in duration and completed via a face-to-face or Department-approved Telehealth session. The Contractor shall invoice the Department or the Offender for a Treatment Plan review session: 1) within a 30-Day timeframe after the development and implementation of their Individualized Treatment Plan, 2) every 90 Days thereafter for the first year, 3) when there is a change in the Offender’s level of clinical care, and 4) before the Offender’s discharge.

9. Progress Notes

The Contractor shall document an Offender’s progress in their Clinical File using the DAP format. This documentation must include the Offender’s progress, or lack of progress, toward meeting their Treatment Plan goals and objectives. The Contractor progress notes for each Offender shall be based on their behavior, progress, attitude, and any other relevant occurrences during a particular week. The Offender’s Primary Counselor shall sign and date progress notes and record progress notes at least weekly or according to the frequency of sessions if sessions occur less frequently than weekly.

10. Intensive Outpatient Treatment

If IOP services are recommended as a part of an Offender’s treatment, it must be in accordance with Chapter 65D-30, F.A.C. IOP must have prior written authorization from the LCQAC.

M. Aftercare Services

1. The Contractor shall provide aftercare services to any Offender in need of those services, in accordance with the requirements and timeframes specified in Chapter 65D-30, F.A.C.

Aftercare services shall include risk behavior interventions and shall incorporate evidence-informed practices.

2. The Contractor shall develop an Aftercare Plan for each Offender receiving aftercare services. The Aftercare Plan shall include an outline of the goals to be accomplished during aftercare, including regular counseling sessions and ancillary services. The Contractor shall review and update each Offender’s Aftercare Plan every 90 Days to determine any need for additional services. The Aftercare Plan review shall be at least 30 minutes in duration and completed via a face-to-face or Department-approved Telehealth contact. The Contractor shall only invoice the Department and the Offender for one (1) Aftercare Plan review session within a 90-day timeframe after the development and implementation of the Offender’s Aftercare Plan or for the last Aftercare Plan review.

3. The Contractor shall offer various types of aftercare group counseling services in order to provide each Offender with the appropriate services based on their need(s). Each Offender’s Aftercare Plan shall reflect the type and frequency of group counseling sessions in which the Offender is required to participate. Group counseling sessions for aftercare services shall be utilized to facilitate Relapse Prevention and address criminal thinking behaviors.

4. The Contractor shall monitor and document each Offender’s attendance, potential for relapse, results of counseling sessions, and other contacts. The Contractor shall maintain all documentation in each Offender’s aftercare Clinical File.

N. Alcohol and Drug Screening and Testing

1. The Contractor shall secure the LCQAC’s written approval prior to utilizing alcohol and drug screening and testing as part of an Offender’s treatment protocol. If approved, the alcohol and drug screening and testing must be done in accordance with the Department’s Procedure Number 302.601, Substance Use Testing of Supervised Offenders, as follows:

a. Prior to collecting a urine specimen for drug testing, the Offender shall be identified by:

1) Sight, if known by the test administrator;

2) Use of a rapid identification system; or

3) Photo identification, name, and DC number.

b. The manufacturer shall conduct specimen collection training for the on-site testing device;

c. The Contractor’s staff who have been certified as specimen collectors by the manufacturer may provide training in lieu of the manufacturer;

d. All urine specimen collections shall be performed under direct observation of the

Contractor’s staff of the same sex as the Offender; and

e. A presumptive positive result from an on-site device shall require a laboratory confirmation utilizing gas chromatography/mass spectrometry (GC/MS).

2. The Contractor’s staff shall report all positive drug screens and confirmations to the Supervising Probation Officer within 24 hours.

3. The Contractor shall secure the LCQAC’s written approval to change approved alcohol and drug screening and testing protocol prior to any changes being made. Any alcohol and drug testing completed by the Contractor shall be completed at no additional cost to the Department. Any fee charged to an Offender for alcohol and drug testing must be pre-approved, in writing, by the LCQAC prior to any such fee being assessed.

O. Ancillary Services

The Contractor shall provide ancillary services, including psychiatric and medical services, either directly or through referral if the Contractor does not provide certain services required by the Offender. The Contractor shall reflect each Offender’s need and any referral for ancillary services within the Individualized Treatment Plan or Aftercare Plan.

P. Clinical Supervision

The Contractor’s Qualified Professional(s) shall provide clinical services within the scope of their competencies. All clinical staff, including subcontractors providing direct clinical services must be supervised by a Qualified Professional. The Qualified Professional’s clinical supervision shall include supervisory participation in treatment planning meetings, staff meetings, observation of individual and group counseling sessions, and individual feedback.

The Qualified Professional shall clearly document the date, duration, and content of supervisory sessions and make such documentation available to the Department upon request.

The Qualified Professional shall provide clinical supervision at least four (4) hours per month to every clinical staff member providing direct clinical services, which at minimum shall include:

1. One (1) individual interview with each Counselor to discuss clinical problems, Program issues, and training needs. The interview shall be documented and signed by both the Counselor and the Qualified Professional.

2. One (1) observation of direct clinical services (i.e., group or individual counseling or assessment). This observation shall be documented and signed by both the Counselor and the Qualified Professional.

3. A monthly review of at least five (5) Clinical Files or 10% of the Program’s total Department-referred Clinical Files, whichever is greater. The Qualified Professional shall document the results of this monthly review and maintain it on-site for review by the

LCQAC.

A Qualified Professional also providing direct clinical services must receive at least one (1)…