Exhibit A - Sample PR.pdf

EXHIBIT A

SAMPLE PR

PR Number, Vendor’s Name Outpatient Mental Health/Sex Offender Treatment Services, Circuit 15 & 17

I. CONTRACTUAL PURCHASE ORDER TERM

This Contractual Purchase Order shall begin on Date: Month & Year and shall end at midnight on Date: Month & Year. It is authorized pursuant to Section 287.057(3)(e)(5), Florida Statutes (F.S.).

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 providing an outline of the goals to be accomplished during aftercare including regular counseling sessions and the need for ancillary services.

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

3. Case Management: Adjunct services provided by the therapist, to identify issues and barriers that may prevent the client from continuing to engage in recovery, assist in avoiding relapse and uncovering mutually agreed upon solutions to achieve their goals.

All case management must be Department approved.

4. Clinical File: The file developed and maintained by the Contractor, for each Offender participating in outpatient sex Offender treatment services, that contains clinical treatment information.

5. 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.

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

7. Contract: This agreement between the Contractor and the Department, which memorializes the terms and conditions agreed upon by the parties.

8. 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.

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

10. 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.

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

12. Counselor: The Contractor’s staff providing direct clinical services who meet the minimum qualifications of F.S. 490 or 491, as a Licensed Psychologist, Licensed Clinical Social Worker, Licensed Mental Health Counselor, or Licensed Marriage and Family Therapist.

13. Day: A calendar day, unless otherwise stated.

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

15. Deliverables: Those goods and services delivered to the Department in the course of Contract performance, which result in 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. Full/Self-Payment Status: An Offender’s payment status wherein the Offender pays for

100% of any applicable fee(s) for services rendered.

18. Health Insurance Portability and Accountability Act (HIPAA): The Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA, Title II) 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. The Contractor shall comply with HIPAA, 1996 (42 U.S.C.

1320d-1329d-8), and all applicable regulations promulgated thereunder.

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

20. 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.

21. Local Contract Quality Assurance Coordinator (LCQAC): The Department employee, or designee, designated by the Contract Quality Assurance Program Manager to assist in monitoring the performance of the Contractor under the Contract.

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

23. 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.

24. Qualified Practitioner: A social worker, mental health counselor, or a marriage and family therapist licensed under Chapter 491, F.S., who, as determined by rule of the respective board, has the coursework, training, qualifications, and experience to evaluate and treat sexual offenders; a psychiatrist licensed under Chapter 458 or Chapter 459, F.S.; or a psychologist licensed under Chapter 490, F.S.

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

26. 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.

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

28. Telehealth: The use of synchronous or asynchronous telecommunications technology by a telehealth provider to provide health care services, including, but not limited to, assessment, diagnosis, consultation, treatment, and monitoring of a patient; transfer of medical data; patient and professional health-related education; public health services;

and health administration. The term does not include audio-only telephone calls, e-mail messages, or facsimile transmissions.

29. Telehealth Provider: Any individual who provides health care and related services using

Telehealth and who is licensed or certified under 393.17, F.S.; Part III of Chapter 401, F.S.; Chapter 457, F.S.; Chapters 458, 459, 460, 461, 463, 464, 465, 466, and 467 F.S.;

Parts I, III, IV, V, X, XIII, or XIV of Chapter 468, F.S.; Chapters 478 and 480, F.S.; Parts I or II of Chapter 483, F.S.; Chapters 484, 486, 490, or 491, F.S.;

who is licensed under a multistate health care licensure compact of which Florida is a member state; or who is registered under and complies with Subsection (4).

III. SCOPE OF SERVICE

A. General Description of Services

The services described herein are designed to provide outpatient mental health and/or sex offender treatment services to offenders on community supervision with the Florida Department of Corrections (Department). The services to be delivered include mental health assessments, sex offender assessments, formal psychological evaluations, inclusive of testing, individual and group treatment services, referrals to other treatment services and any other services described herein. The goal of the Department’s treatment program is to offer services and interventions to assist offenders while allowing them to maintain residence and employment in the community. Throughout this Contractual Purchase Order, the term Department’s Contract Manager will be used instead of Department’s Contractual Purchase Order Manager.

B. Rules, Regulations and Governance

1. All outpatient mental health and sex offender treatment services provided under this Contractual Purchase Order must meet all applicable local, state and federal ordinances, laws, rules and regulations. In addition, services must be provided in accordance with any applicable court orders, Department program and procedure guidelines, and any subsequent revisions and/or addenda to those documents. Should any of the laws, standards, rules or regulations or Department procedures change during this Contractual Purchase Order term, the updated version will take precedence. The Contractor and the Department shall work cooperatively to ensure service delivery is in complete compliance with all such mandates and requirements.

2. The Contractor’s staff delivering services under this Contractual Purchase Order shall be licensed through the Florida Department of Health in accordance with Chapters 458, 459, 490 or 491, F.S., and providing services within their scope of practice.

3. The Contractor shall ensure that all Contractor’s staff providing services under this Contractual Purchase Order comply with prevailing ethical and professional standards, and the statutes, procedures and regulations mentioned above.

4. The Contractor agrees to modify its service delivery to meet or comply with revisions made by operation of law, secondary to a change in practice standards or regulations, because of legal settlement agreement, or change in the Department’s mission. Any changes in Section II., SCOPE OF SERVICE, will be made in accordance with Section V., CONTRACTUAL PURCHASE ORDER MODIFICATION, and Section VII., AA., Scope Changes After Contractual Purchase Order Execution.

C. Communications

Contractual Purchase Order communications in two (2) forms: routine, and formal. For the purposes of this Contractual Purchase Order, the following definitions shall apply:

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, assessment of financial consequences, or Contractual Purchase Order termination. Formal communications will be clearly marked as “Formal Communications” and shall 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 Contract 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 Contract communications must be agreed upon by both parties and identified in writing within 10 Days of execution of this Contract. 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. Confidentiality

The Contractor shall maintain confidentiality with reference to offenders receiving services.

The Contractor shall maintain confidentiality in accordance with applicable local, state, and federal laws, rules, and regulations. The Department and the Contractor agree that all information and records obtained while providing services to program participants shall be subject to confidentiality and disclosure provisions of applicable Federal and State statutes and regulations adopted pursuant thereto.

E. Department Responsibilities

1. The Department will complete Section I of the Community Supervision Program Referral Form, (DC5-404) for each offender approved for the Program and forward the form to the Contractor.

2. The Department will make available the DC5-404 to the Contractor, upon request, all non-confidential records and social history pertaining to referred offenders, if such records are not otherwise protected from disclosure by law.

3. The Department will provide, upon execution of this Contractual Purchase Order, a copy of all Department forms necessary to comply with Section II., P., General Reporting Requirements.

F. Contractor’s Responsibilities

1. The Contractor shall provide outpatient mental health and/or sex offender treatment services to offenders on community supervision, as referred by the Department.

2. The Contractor shall ensure that 75% of Department-approved sex offenders enrolled in the program during the fiscal year, starting July 1st and ending on June 30th must remain in treatment or be successfully discharged from the program during the fiscal year.

3. The Contractor shall pay for all costs associated with local, state, and federal licenses, permits, and inspection fees required to provide services. All required permits and licenses shall be current, maintained on-site and a copy of such shall be submitted to the Department’s Contract Manager, or designee, upon request.

4. The Contractor shall provide the Department’s Local Quality Assurance Coordinator with a current copy of the program description, eligibility criteria, program rules, and specific criteria for program discharge or any changes upon request.

5. 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, or designee, for review and written approval, prior to such revisions and updates being implemented, once this Contractual Purchase Order has been ordered.

G. 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 for the duration of this Contractual Purchase Order.

H. Offender Referral, Admission, Discharge and Offender Payments

1. Offender Referral and Approval

All offenders participating in the mental health and/or sex offender treatment program must be approved for placement by the Department, in writing, prior to entrance into the Program. The Department as the referring party, will complete Section I of the DC5- 404, or its electronic equivalent, and will forward 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 for any offender who does not have a DC5-404 on file with the Contractor.

Referrals may include Department-funded offenders, self-paying offenders and offenders required to make a co-payment to the Contractor for services. Each offender’s payment status will be clearly indicated on the DC5-404.

Upon the offender’s admission to the program, the Contractor shall complete Section II of the DC5-404 and forward a copy of the form or an electronic equivalent to the Department’s designated staff for data entry within three (3) business days (defined as Monday -Friday) of the offender’s admission to the program. The original form and a copy will be retained by the Contractor in the offender’s file. The Contractor must maintain evidence that the form was submitted within the required timeframe.

Upon discharge of the offender from the program, the Contractor shall complete Section III of the DC5-404, submit the original form or its electronic equivalent to the Department’s Designated Staff within three (3) business days of the offender’s discharge from the program and retain a copy in the offender’s clinical file. The Contractor must maintain evidence that the form was submitted within the required timeframe.

2. Offender Admission Criteria

The offender must be under community supervision with the Department and must be court ordered or required through Interstate Compact, in accordance with the terms of a pre-trial intervention agreement or referred by the Department’s Supervising Probation Officer to participate in an outpatient mental health and/or sex offender treatment program. The offender’s admission must be approved, in writing, by the Department.

3. Program Discharge

a. The Contractor shall notify the Department’s Supervising Probation Officer within three (3) business days of discharge from the program, regardless of the discharge type.

The Contractor shall accomplish this by providing the Department’s Supervising Probation Officer, or designee, with a copy of the completed Section III of the DC5-

404. The Department will identify the Department’s Supervising Probation Officer on the DC5-404.

b. Within 10 business days of discharge, the Contractor shall prepare a written discharge report for an offender discharged from the Program and submit that report to the Department’s Supervising Probation Officer. This discharge report must specifically state the status of the offender upon discharge from the Program (successful, unsuccessful, or administrative), must identify any ancillary programs in which the offender participated while in treatment, outline an aftercare plan and further treatment recommendations, as applicable. The Contractor shall maintain this documentation in the offender’s clinical file.

c. The Contractor shall develop discharge policies which clearly define behavioral expectations of the offender. The three (3) types of treatment discharges the Department recognizes are successful, unsuccessful and administrative.

1) Successful Discharge

An offender must minimally meet the following criteria to receive a successful discharge from the treatment program:

a) The offender attended and actively participated in all required treatment activities; and

b) The offender made satisfactory progress toward the goals of their Individualized Treatment Plan (ITP).

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 decision to unsuccessfully discharge an offender shall be based on clinical reasons. The supporting rationale for the discharge shall be documented in the offender’s clinical file.

3) Administrative Discharge

An administrative discharge implies neither success nor 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 an exacerbated mental health condition which prohibits an offender from participation in the Program;

b) A clinical determination that the offender is not in need of treatment;

c) Expiration of the offender’s sentence;

d) Death of the offender; or

e) Other approved reasons outside of the control of the offender or program and unrelated to program compliance. This does not include a violation of probation or rearrests.

4. Offender Payments

a. An Offender’s payment status will be indicated by the Department on the DC5-404. All terms and conditions of this Contractual Purchase Order shall apply equally to all Department-referred offenders 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 their 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 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; and include a description of the purpose of all fees. The Contractor must submit any fees 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/Payment Status. The Department is not responsible for collecting any payments 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.

I. Service Site and Service Schedules

1. Service Locations

The Department-approved site(s) for the provision of outpatient mental health treatment services is:

a. Circuit 15

Vendor’s Name Vendor’s Address

b. Circuit 17

Vendor’s Name

By execution of this Contractual Purchase Order, the Contractor attests that any service location listed above is approved for the purposes outlined in this Contractual Purchase Order. The service locations shall meet all state, county, and city zoning, permitting, and licensing at the time of Contractual Purchase Order is ordered, as well as any other requirements necessary to operate the service locations. The Contractor shall provide such documentation to the Department’s Contract Manager, or designee, upon request at any time during this Contractual Purchase Order. Services provided in this Contract must be provided exclusively at the Department’s approved locations. The Contractor shall notify the Department’s Contract Manager, or designee, of any zoning changes, notices, challenges from zoning bodies, or complaints from citizens or other entities regarding operation of the service location within 72 hours of receipt or knowledge of the charge, notice, challenge or complaint.

2. Contractor - Add/Delete/Change Services Locations

a. The Contractor may request a change in site location(s) subsequent to this Contractual Purchase Order being ordered. Requests for changes to the site location(s) must be submitted to the Department’s Contract Manager, or designee, in writing by letter or email, and must include an effective date for the change.

b. The Contractor must receive the Department’s approval of a site change prior to changing a service location.

c. The Department’s approval will be followed by a change order. Services may not be delivered at any changed site prior to the execution of the Contractual Purchase Order change order, and the Contractor will not be compensated for any services delivered at a location until approved by the Department through execution of a change order, in accordance with Section V., CONTRACTUAL PURCHASE ORDER MODIFICATION, and Section VII., AA., Scope Changes After Contractual Purchase Order Execution.

3. The Department reserves the right to require the Contractor to change a service location or site, if it is determined to be inaccessible, inconvenient or unsuitable for provision of services to offenders under this Contractual Purchase Order. In addition, the Department reserves the right to add, delete or change service delivery locations upon written notice, of no less than 30 calendar days, if determined to be in the best interest of the Department. The Contractor will receive written notification of such changes, additions, or deletions. The Contractor shall change the site location as soon as possible, but within no more than 30 calendar days. Upon securing a replacement site, the Contractor shall provide the Department’s Contract Manager, or designee, an attestation statement as described above.

4. Service Times

The Contractor shall provide services at times based on offenders needs and convenience and be reasonably flexible in scheduling all clinical services. The Contractor shall provide clinical services at various times throughout the day to accommodate Offenders’ work schedules. The Department’s LCQAC or designee must approve the Program’s schedule and any revisions thereof.

J. Contractor Service Tasks

1. The Contractor shall require each offender to sign an attendance report/sign-in sheet for verification of attendance at each treatment event. This attendance report/sign-in sheet shall identify the offender’s name and DC number, the date, time, duration, place of the treatment event and the treatment counselor facilitating the treatment event.

2. The Contractor shall advise the Department’s Supervising Probation Officer or designee, in writing, within three (3) calendar days of an offender’s absence from any appointment, individual counseling session, or group counseling session.

3. The Contractor shall conduct all assessments, group sessions and individual sessions at sites approved by the Department’s Contract Manager, or designee, in writing, prior to services being rendered.

4. The minimum clinical time requirements for group and individual counseling sessions shall be utilized to provide direct clinical services to offenders and shall not be utilized for administrative activities, case management activities, or any other associated tasks (i.e., writing case notes, report writing, general paperwork, etc.).

5. The Contractor shall ensure that the waiting time from completion of the mental health or sex offender assessment to treatment start date does not exceed 10 calendar days, unless exceptional circumstances exist, and the Department’s Supervising Probation Officer or designee has been advised. The notification of exceptional circumstances to the Department’s Supervising Probation Officer or designee must be noted in the offender’s clinical file.

6. If an offender reschedules the mental health or sex offender assessment appointment the Contractor shall advise the Department’s Supervising Probation Officer or designee via written notice or telephonically within 24 hours. If an offender fails to appear for the scheduled appointment, the Contractor shall advise the Department’s Supervising Probation Officer or designee, in writing, within three (3) business days. The notice shall be provided via the DC5-404 within three (3) business days of the missed appointment, or by other written notice.

7. The Contractor shall refer all offenders assessed and determined to need services, other than outpatient mental health and/or sex offender treatment, back to the referring

Supervising Probation Officer for appropriate follow-up with the sentencing court or releasing authority. In such cases, the Contractor shall document their recommendation in the written narrative summary of the mental health or sex offender assessment within 10 calendar days of receipt of the referral.

8. 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 outpatient mental health and/sex offender treatment.

K. Services to be Provided

1. Mental Health Assessment, Sex Offender Assessment, and Treatment Program

Orientation

The Contractor shall conduct the mental health assessment or the sex offender assessment on the offender within 10 calendar days of receipt of the Department’s referral to determine the level of services needed, or other disposition for each offender, unless exceptional circumstances exist, and the Department’s Supervising Probation Officer or designee has been advised. The notification of exceptional circumstances to the Department’s Supervising Probation Officer or designee must be noted in the offender’s clinical file. The Contractor shall document the rationale for their recommendation or action taken in the offender’s clinical file. The Contractor shall refer all offenders identified during the mental health assessment or the sex offender assessment as needing mental health or sex offender treatment interventions to the appropriate treatment regardless of whether the offender admits to a mental health or sex offender inappropriate sexual behavior or desires to enter treatment. The mental health assessment and the sex offender assessment shall both comply with ethical standards of practice: and at a minimum shall include:

a. Mental Health Assessment/Sex Offender Assessment

A mental health or sex offender assessment shall be conducted as a clinical diagnostic interview and shall be a minimum of 50 minutes in duration and be completed via of face-to-face or approved telehealth individual contact. The assessments shall include the following:

1) Case History;

2) Mental status examination;

3) Clinical impressions, includes a statement regarding if a formal psychological evaluation is need, inclusive of testing, is needed;

4) Treatment recommendations;

5) Development of an individualized ITP; and

6) Empirical/Actuarial driven risk assessment instruments (sex offender assessment only)

The Contractor shall provide a written summary report of the mental health or sex offender assessment, including treatment recommendations, to the Department’s Supervising Probation Officer or designee within 10 business days after the mental health or sex offender assessment is conducted, unless exceptional circumstances exist, and the Department’s Supervising Probation Officer or designee has been advised. The notification of exceptional circumstances to the Department’s Probation Officer must be noted in the offender’s clinical file. Any objections the Department may have to the recommended ITP will be addressed to the Contractor in writing by the Department’s Supervising Probation Officer or designee.

b. Treatment Program Orientation

For each offender referred by the Department and determined to be eligible for mental health treatment or sex offender treatment, the Contractor shall provide the offender with an orientation to the treatment program, including the limits of confidentiality. All fees incurred by the offender while participating in mental health or sex offender treatment must be fully disclosed, in writing, to the offender during orientation.

2. Formal Psychological Evaluation, Inclusive of Testing

a. The Department’s LQAC, or designee, must pre-approve any formal psychological evaluations to be conducted for which there is a charge to the Department.

b. The Contractor shall ensure completion of a formal psychological evaluation of an offender within 10 business days after receipt of the DC5-404. and The Contractor shall provide a completed, written summary report of the formal psychological evaluation to the Department’s Supervising Probation Officer, or designee within 10 business days after completion.

c. A formal psychological evaluation shall include, at a minimum, the following evaluative tools or equivalent:

Mental Health Evaluative Tools

1) Personality Assessment Screener;

2) Beck Anxiety Inventory (BAI) or Beck Helplessness Scale;

3) Beck Depression Inventory (BDI)- Second Edition

4) Beck Hopelessness Scale;

5) 16 PF Questionnaire;

6) Symptom Checklist 90—Revised;

7) Brief Symptom Inventory;

8) Quickview Social History;

9) Mini-Mental Status Examination-Second Edition (MMSE-2); and

10) Clinical Interview.

Sex Offender Evaluative Tools

1) Mental Status Examination-2 (MMSE-2)

2) Clinical Interview;

3) Personality Assessment Inventory (PAI); or

4) Psychopathic Personality Inventory – Revised (PPI-R); or

5) Static 99R.

3. Polygraph Examination Requirement (for offenders receiving Sex Offender Treatment)

a. The Contractor shall ensure the administration of at least a minimum of one annual polygraph examination to obtain information necessary for risk management and treatment and to reduce the sex offender’s denial mechanisms. If the court orders more frequent polygraph examinations, the Contractor shall ensure they are conducted at least within the frequency dictated by the judiciary.

b. The Contractor shall only accept the polygraph examination findings by a Polygrapher, who is a member of a national or state polygraph association and who is certified as a Post-Conviction Sex Offender Polygrapher, where available and at the expense of the offender.

c. The Contractor shall ensure that the treating clinician receives a copy of the results of the polygraph examination, as well as ensure they provide a copy of the report to the Department’s Supervising Probation Officer within three (3) business days of receipt from the polygraph examiner.

4. Mental Health and/or Sex Offender Treatment Services

a. The Contractor shall provide outpatient mental health and/or sex offender treatment services in accordance with the ITP developed during the mental health or sex offender assessment for each offender and any updates.

b. The Contractor shall ensure that the outpatient sex offender treatment services delivered have the following components:

1) Reconditioning techniques to deal with pedophilic urges (arousal control), if applicable;

2) Comprehensive relapse prevention module and follow-up or aftercare;

3) Emphasis on the enforced prohibition of contact with children by any referred sex offender whose crime involved a child, who is ordered by the court to have no contact with children, or who is determined by assessment, evaluation, or polygraph examination to have the propensity for inappropriate sexual behavior involving a child;

4) Clarification of offender limits on confidentiality and conditions under which the offender may be expelled from treatment for violations of supervision or program rules;

5) Comprehensive victim empathy module;

6) Cognitive behavioral therapy and standard cognitive restructuring procedures;

7) Identification and correction of rationalization and distorted beliefs with regard to sexuality and inappropriate behavior;

8) Sexual education and social skills including communication skills, relationship skills, and skills for developing support systems module; and

9) Use of team treatment approach with regular contact between the Contractor and the Department’s Supervising Probation Officer.

c. Individual Mental Health and Sex Offender Counseling Sessions

1) The Contractor shall provide individual sessions to offenders as clinically appropriate and noted in the ITP. However, individual sessions should not exceed one (1) session per week, without prior written approval of the Department’s Contract Manager, or designee. If more than six (6) individual sessions are needed for mental health treatment, throughout the course of treatment, clinical justification must be provided to the Department’s Contract Manager, or designee, for approval.

2) Each session will be a minimum of 45 minutes of face-to-face or approved telehealth individual contact.

d. Group Counseling Sessions

The Contractor shall provide group sessions to offenders as clinically appropriate and noted in the ITP.

1) Group sessions shall consist of a maximum of 15 individuals.

2) Each group counseling session shall be a minimum of 45 minutes. Group time does not include administrative functions such as collecting fees and the sign-in process.

3) The Contractor shall ensure offenders have access to the type of group recommended in their ITP, without being placed on a wait list for the services.

e. Ancillary Services

Ancillary services shall be provided directly by the Contractor or through referral.

The need and referral for ancillary services shall be reflected in the ITP.

f. Telehealth and Alternate Service Delivery

The Contractor, if qualified as a Telehealth provider, may provide telehealth services as defined in F.S. Section 456.47 or deliver services in an alternate manner when approved in advance by the Department. The approval will be provided in the form a formal communication from the Department’s Contract Manager or designee.

A Telehealth provider means an individual who provides a health care service using telehealth and who is licensed under s. 393.17; part III of Chapter 401; Chapter 457;

Chapter 458; Chapter 459; Chapter 460; Chapter 461; Chapter 463; Chapter 464;

Chapter 465; Chapter 466; Chapter 467; part I, part III, part IV, part V, part X, part XIII, or part XIV of Chapter 468; Chapter 478; Chapter 480; part II or part III of Chapter 483; Chapter 484; Chapter 486; Chapter 490; or Chapter 491; who is licensed under a multi-state health care licensure compact of which Florida is a member state; or who is registered under and complies with Section. 456.47(4), Florida Statutes.

g. Telephone Case Management Services

The Contractor may provide Case Management services when approved in advance by the Department’s Contract Manager or designee via formal communication. These adjunct services will be provided by the Qualified Practitioner via a telephone call to an Offender to identify issues and barriers that may prevent the Offender from continuing to engage in recovery, assist in avoiding relapse, and uncovering mutually agreed upon solutions to achieve their goals. The services can be provided in increments of 15 minutes with a maximum of two (2) units in one (1) week, consecutively or separately. The Contractor shall document case management services in the Offender’s Clinical File.

L. Clinical Files

Upon admission, the Contractor shall prepare a clinical file for each offender, including, but not limited to, the DC5-404, mental health or sex offender assessment, formal psychological evaluation, inclusive of testing, if applicable, ITP, progress/group notes, progress reports, polygraph reports and discharge report.

M. Contractor Staffing Requirements

1. General Staffing Requirements

a. The Contractor shall have direct oversight, and responsibility for the performance of its staff providing outpatient mental health and sex offender treatment in support of this Contractual Purchase Order.

b. The Contractor shall ensure its staff work during hours when Offenders are available, including evenings and weekends, so attendance is convenient for Offenders and supports their recovery efforts.

c. The Contractor shall maintain a current application and/or resume and license of all Contractor’s staff providing services under this Contractual Purchase Order. The Contractor shall provide a copy of each clinician’s license to the Department’s Contract Manager, or designee, prior to their delivery of services.

d. The Contractor’s staff shall liaise and maintain a good working relationship with Department staff and other providers working with the Department.

2. Minimum Staffing Levels and Absences/Vacancies

a. The Contractor shall have a sufficient number of licensed and trained professional treatment staff for provision of the services outlined herein.

b. The Contractor shall provide sufficient licensed staff and space required for the services outlined herein, at the approved service location(s), in order to ensure there are not waiting lists for services. The Contractor shall monitor staff vacancies to ensure Program services are not canceled, postponed, or rescheduled due to vacancies. The Contract shall notify the Contract Manager within one (1) Business Day of any Program services postponed, canceled, or rescheduled by the Contractor.

c. The Contractor shall have written staffing plan to ensure continuation of the uninterrupted services.

3. Contractor Staffing Qualifications and Credentials

a. Individuals providing mental health treatment services under this Contractual

Purchase Order shall be:

1) Psychiatrists licensed under Chapters 458 or 459, F.S.; or

2) Individuals licensed by the Florida Department of Health pursuant to Chapters 490 or 491, F.S., and authorized to evaluate, assess, diagnose, and treat emotional and mental disorders.

b. Individuals providing sex offender treatment services under this Contractual Purchase

Order shall be:

1) Psychiatrists licensed under Chapters 458 or 459, F.S.; or

2) Individuals licensed by the Florida Department of Health pursuant to Chapters 490 or 491, F.S., and authorized to evaluate, assess, diagnose, and treat emotional and mental disorders; and

3) “Qualified practitioners”, eligible to evaluate and treat sex offenders, able to complete a “risk assessment” and prepare a “safety plan”, as defined in Sections 947.005(10), (11), and (12), and 948.001(9), (10), and (11), F.S., or approved by the United States Probation Office to complete risk assessments and treat sexual offenders; or who were a clinical member of the Associations for the Treatment of Sexual Abusers (ATSA) or the Florida Association for the Treatment of Sexual Abusers (FATSA) on or before June 30, 2010 shall be deemed to be qualified practitioners.

4. In order to be a qualified practitioner for completing risk assessments and/or providing treatment for persons who have committed sex offenses, one must hold an active license as a clinical social worker, marriage and family therapist, or mental health counselor under Chapter 491, F.S. The qualified practitioner shall additionally meet the following criteria, in accordance with Rule 64B4-7.0081, F.A.C.

a. Be a qualified practitioner possessing 40 hours of post degree graduate coursework or a minimum of 3 hours of post degree continuing education in the core areas delineated in F.A.C., 64B4-7.0081 (3)(a-k).

b. Have documented 2,000 hours of post-degree experience in the evaluation and treatment of persons who committed sex offenses as delineated in F.A.C., 64B4- 7081(5)(a)(b).

c. The qualified practitioner must complete 20 hours of board approved continuing education each reporting period in any of the areas listed in F.A.C., 64B4-7081 subsection (4).

5. Conduct and Safety Requirements

a. The Contractor shall ensure that all Contractor’s staff adhere to and are provided with a copy of their safety requirements. A signed receipt of acknowledgement shall be maintained in the Contractor’s Staff’s employee personnel file. The Department reserves the right to disqualify, prevent, or remove any staff from work under this Contractual Purchase Order. The Department is under no obligations to inform the Contractor of the criteria for disqualification or removal.

b. In addition, the Contractor shall ensure all staff adhere to the following requirements:

1) The Contractor’s staff shall not display favoritism to, or preferential treatment of, one (1) offender or group of offenders over another.

2) The Contractor’s staff shall not deal with any offender, except in a relationship that supports services under this Contractual Purchase Order. Specifically, staff members must never accept for themselves or any member of their family, any personal (tangible or intangible) gift, favor, or service from an offender or an offender’s family or close associate, no matter how trivial the gift or service may seem. The Contractor shall report any violations or attempted violation of these restrictions to the Department’s Contract Manager, or designee. In addition, no staff member shall give any gifts, favors or services to offenders, members of their family, or close associates.

3) The Contractor’s staff shall not enter into any business relationship with offenders or their families, or close associates (example – loans, selling, buying, renting, leasing, or trading personal property), or personally employ offenders, or their families, in any capacity.

4) The Contractor’s staff shall not have outside contact (other than incidental contact) with an offender, their family, or close associates, except for those activities under this Contractual Purchase Order unless approved by the Department’s Contract Manager, or designee.

5) The Contractor’s staff shall not engage in any conduct which is criminal in nature or which would bring discredit upon the Contractor or the Department. In providing services pursuant to this Contractual Purchase Order, the Contractor shall ensure its employees avoid both misconduct and the appearance of misconduct.

6) Any violation or attempted violation of the restrictions referred to in this section regarding employee conduct shall be reported by phone and in writing to the Department’s Contract Manager, or designee, including proposed action to be taken by the Contractor. Any failure to report a violation or take appropriate disciplinary action against the offending party or parties shall subject the Contractor to punitive action, up to and including termination of this Contractual Purchase Order.

7) The Contractor shall provide a written report of any incident described above, or requiring investigation by the Contractor, to the Department’s Contract Manager, or designee, within 24 hours, of the Contractor’s knowledge of the incident.

6. Staff Background/Criminal Records Checks

a. The Contractors’ staff assigned to this Contract, shall be subject, at the Department’s discretion and expense, to a Florida Department of Law Enforcement (FDLE) Florida Crime Information Center/National Crime Information Center (FCIC/NCIC) background/criminal records check. This background check will be conducted by the Department and may occur or re-occur at any time during the Contract term. The Department has full discretion to require the Contractor to disqualify, prevent, or remove any staff from any work under this Contract. The use of criminal history records and information derived from such records are restricted, pursuant to Section 943.054, F.S. The Department shall not disclose any information regarding the records check findings or criteria for disqualification or removal to the Contractor. The Department shall not confirm to the Contractor the existence or nonexistence of any criminal history record information. In order to carry out this records check, the Contractor shall provide the following data for any individual of the Contractor or subcontractor’s staff providing services under this Contract: full name, race, gender, date of birth, social security number, driver’s license number, and state of issue. Within 10 Business Days of hire, the Contractor’s staff shall submit to fingerprinting by the Department for a Level II background check through the Federal Bureau of Investigation (FBI). The Contractor shall not consider new employees to be of permanent status until a favorable report is received by the Department from the FBI.

b. The Contractor shall provide the LCQAC, or designee, the information needed to conduct the FCIC/NCIC background check prior to any new staff being assigned to work under this Contract. The Contractor shall not offer employment to any individual, or assign any individual to work under this Contract, who has not had an FCIC/NCIC background check conducted.

c. No person who has been barred from any Department facility shall provide services under this Contractual Purchase Order without prior written approval from the Department.

d. Offenders are precluded from any supervision or placement at a program where pre-existing or continuous close personal relationships exist between the Offender and any staff of the Contractor. The Contractor shall advise the LCQAC, or designee of any known pre-existing close personal relationships between staff and Offenders.

Marriage between the Contractor’s employee and an offender is prohibited per Rule 33-208.002(26), F.A.C..

e. The Contractor shall not permit any individual to provide services under this Contract who is under supervision or jurisdiction of any parole, probation, or correctional authority. Persons under any such supervision may work for other elements of the Contractor’s agency that are independent of the contracted services.

f. All staff assigned to provide services under this Contractual Purchase Order shall be subject to approval by the Department. Individuals previously terminated (for cause) at any time by the Department may not be employed or provide services under this Contract.

g. A felony or first-degree misdemeanor conviction, a plea of guilty or nolo contendere to a felony or first-degree misdemeanor crime, or adjudication of guilt withheld to a felony or first-degree misdemeanor crime does not automatically bar the Contractor from hiring the proposed employee. However, the Department reserves the right of prior approval in such cases. Generally, two (2) years with no criminal history is preferred. The Contractor shall make a full written report to the Department’s Contract Manager, or designee, within 24 hours if an employee has a criminal charge filed against them, is arrested, or receives a Notice to Appear for violation of any criminal law involving a misdemeanor, felony, or ordinance (except minor violations for which the fine or bond forfeiture is $200 or less), or when the Contractor or Contractor’s staff knows of any violation of the laws, rules, directives, or procedures of the Department.

h. The Contractor shall disclose any business or personal relationship a staff person, officer, agent, or potential hire may have with anyone presently incarcerated or under the supervision of…