Ext_5.TechProp_FA6__Vision_Plan__8.8.2025__AMEND_3__2025.9.22.docx
DOCX document 498 KB Posted
- Attached to
- 1-DBM Health Plan Admin&Svcs, Functional Area 3
- Solicitation number
- BPM053331
- Issued by
- Anne Arundel County, Maryland
About this file
This document is a technical proposal request for a Vision Plan benefits administration contract for the Maryland Transportation Authority (MTA), solicited under Amendment #3 of Solicitation No. AGY-24-026-SR-A. The document outlines a comprehensive self-funded vision benefit program to be implemented on January 1, 2027, with a contract term that appears to run through at least December 31, 2026. The proposal requires detailed responses from potential contractors across multiple exhibits, including general plan information, plan designs, network participation, administrative requirements, references, compliance checklists, and performance guarantees. Bidders must provide extensive information about their organizational capabilities, network coverage, claims processing, customer service, implementation processes, and compliance with HIPAA and other regulatory standards.
The solicitation includes rigorous performance standards with specific liquidated damages for failing to meet service metrics, such as telephone call availability, enrollment processing accuracy, account management responsiveness, and claims processing standards. Contractors must demonstrate capabilities in areas including network provider management, member services, web-based capabilities, data transfer, and implementation planning. The proposal requires detailed reporting on claims data, provider networks, member satisfaction, and other key performance indicators. Financial terms include potential penalties ranging from 0.01% to 10% of administrative fees for various performance shortfalls, with a focus on maintaining high-quality, efficient vision benefit administration for MTA employees and retirees.
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FA6 Exhibit 5-1: Vision Technical Proposal Representations made by the Contractor in this proposal become contractual obligations that must be met during the contract term.
Instructions: The MTA is requesting proposals for administration of a Self-Funded Vision benefit. Complete FA6 Exhibit 5-6a: Subcontractor Questionnaire for program components that will not be primarily provided by your organization. Please complete each item with the requested information for your proposed Self-Funded Vision Plan. Items in the response column with the words "Choose an item" contain a drop-down list of options. Please select a response from those options as applicable.
I. GENERAL PLAN INFORMATION
Response
1. Offeror's Legal Name Click here to enter text.
2. Plan Name Click here to enter text.
3. Proposed Plan Types Vision Plan
4. Address Click here to enter text.
5. City Click here to enter text.
6. State Click here to enter text.
7. Zip Click here to enter text.
8. Web Address - Vision Click here to enter text.
9. Operational Date Click here to enter a date.
10. Corporate Tax Status Choose an item.
11. Federal Employer Identification Number Click here to enter text.
12. Ownership/Controlling Interest Click here to enter text.
13. Year Vision Network Organized Click here to enter text.
14. Vision Plan Membership total effective 1/1/2023 Click here to enter text.
15. Vision Plan Membership total effective 1/1/2024 Click here to enter text.
MTA PLAN ADMINISTRATION AND SERVICES FUNCTIONAL AREA 6: VISION
AMENDMENT #3
Solicitation No. AGY-24-026-SR-A FA6 Exhibit 6
1.
II.
III.
II.III. PLAN DESIGNS
| Contractors must adhere to the proposed plan designs shown in "FA6 Exhibit 6-3: Vision Plan Design and FA6 Exhibit 9: Vision Evidence of Coverage” in preparing the quote. |
| Select Response |
Confirm that the proposal is issued in accordance with the specifications, assumptions and information included in this Request for Proposals, accompanying Exhibits and standard services addressed in the Information Questionnaire. If "No,” indicate deviations in "FA6 Exhibit 5-2: Explanations and Deviations."
Choose an item.
Review and detail deviations from the proposed plan design shown "FA6 Exhibit 5-3: Vision Plan Design"
Choose an item.
III. VISION PLAN DELIVERY SYSTEMS
1. Describe the proposed Vision Plan geographical service area.
Click here to enter text.
2. Provide a map of the proposed geographical service area.
Label as "ResponseFA6.5-1_Plan Service Area Map.”
Choose an item.
3. Provide the website address (URL) and password if needed for your Vision Plan provider directory.
IV. Network Participating Physicians Instructions: Provide the total number of participating Vision Plan providers by specialty for the proposed networks as of the date of this proposal.
VISION PLAN
| County/ Metro Area |
| Optometrists and Ophthalmologists providing routine vision care |
| Optical Centers, Opticians, Optometrists and Ophthalmologists providing vision hardware |
| Anne Arundel County |
| Click here |
| Click here |
| Baltimore City |
| Click here |
| Click here |
| Baltimore County |
| Click here |
| Click here |
| Carroll County |
| Click here |
| Click here |
| Frederick County |
| Click here |
| Click here |
| Harford County |
| Click here |
| Click here |
| Howard County |
| Click here |
| Click here |
| Montgomery County |
| Click here |
| Click here |
| Prince George’s County |
| Click here |
| Click here |
V. ADMINISTRATIVE AND OPERATIONAL ISSUES
List the location(s) of your service centers (separately identify Vision Plan claims processing centers and Vision Plan customer service centers if in different locations) that would be servicing MTA’s members and the corresponding geographic areas/regions covered by the respective location. Use "FA6 Exhibit 5-2: Explanations and Deviations" if you need more space.
Service Center Location(s) Geographic Region(s) Covered Click here to enter text.
Click here to enter text.
Click here to enter text.
Click here to enter text.
Click here to enter text.
Click here to enter text.
Click here to enter text.
Click here to enter text.
1.
Select Response Attach a copy of your standard report suite for the Vision Plan, including a plan experience report, and performance metrics that would be provided to MTA at the end of each quarter and the end of each fiscal year at no additional cost. At a minimum, your package should include those outlined in the Reporting section of the Compliance Checklist. Label as " ResponseFA6.5-1_Vision Plan Mgmt Reporting Pkg”
Choose an item.
Offeror has disclosed their claims appeals (claims decision or coverage) protocols as well as actual response time statistics for the most recent year. Label these reports " ResponseFA6.5-1_Vision Plan Claims Appeal Protocol” in your proposal.
2.
3.
VI. REFERENCES
Please complete the following tables with the requested reference information.
1.Provide three employer group client references of similar size and industry type offering Vision Plan services in the area that will be serving most of MTA’s employees. TWO current and ONE terminated.
Information Current Reference #1 Current Reference #2 Termed Reference #3 Company Name Click here to enter text.
Click here to enter text.
Click here to enter text.
Contact Person Click here to enter text.
Click here to enter text.
Click here to enter text.
Title Click here to enter text.
Click here to enter text.
Click here to enter text.
Telephone # Click here to enter text.
Click here to enter text.
Click here to enter text.
E-mail Address Click here to enter text.
Click here to enter text.
Click here to enter text.
Network Name Click here to enter text.
Click here to enter text.
Click here to enter text.
# Vision Plan Members enrolled Click here to enter text.
Click here to enter text.
Click here to enter text.
Effective date of Contract (plus Termination date #3) Click here to enter text.
Click here to enter text.
Click here to enter text.
Description of services provided Click here to enter text.
VII. OFFEROR CONTACT INFORMATION
Primary contact of person authorized to execute this proposal
| Name |
| Click here to enter text. |
| Title |
| Click here to enter text. |
| Address |
| Click here to enter text. |
| City |
| Click here to enter text. |
| State |
| Click here to enter text. |
| Zip Code |
| Click here to enter text. |
| Telephone # |
| Click here to enter text. |
| Cell Phone # |
| Click here to enter text. |
| E-mail Address |
| Click here to enter text. |
FA6 Exhibit 5-2: Explanations and Deviations Representations made by the Contractor in this proposal become contractual obligations that must be met during the contract term.
Instructions: All deviations from the specifications of the Request for Proposals (RFP) must be clearly defined below Explanations must be numbered to correspond to the question number and section number to which it pertains. If additional space is required, submit a separate Exhibit labeled “FA6 Exhibit 5-2: Explanations and Deviations” using the same table format. Most importantly, keep all explanations brief. In the absence of any identified deviations, your organization will be bound to the terms of the RFP.
| Section # / Question # |
| Indicate |
"Explanation" or "Deviation" Contractor Response
| Click here |
| Choose |
| Click here to enter text. |
| Click here |
| Choose |
| Click here to enter text. |
| Click here |
| Choose |
| Click here to enter text. |
| Click here |
| Choose |
| Click here to enter text. |
| Click here |
| Choose |
| Click here to enter text. |
| Click here |
| Choose |
| Click here to enter text. |
| Click here |
| Choose |
| Click here to enter text. |
| Click here |
| Choose |
| Click here to enter text. |
| Click here |
| Choose |
| Click here to enter text. |
| Click here |
| Choose |
| Click here to enter text. |
| Click here |
| Choose |
| Click here to enter text. |
| Click here |
| Choose |
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| Click here |
| Choose |
| Click here to enter text. |
| Click here |
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| Choose |
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| Choose |
| Click here to enter text. |
| Click here |
| Choose |
| Click here to enter text. |
| Click here |
| Choose |
| Click here to enter text. |
Indicate if “FA6 Exhibit 5-2: Explanations and Deviations” is provided: Choose an item.
FA6 Exhibit 5-3: Vision Plan Design Representations made by the Contractor in this proposal become contractual obligations that must be met during the contract term.
Instructions: Refer to FA6 Exhibit 9: Vision Plan EOC for a full description of current benefits. Any deviations between MTA’s current plan design and the proposed plan design of the Contractor must be noted in the space provided below. If there are no deviations in the Contractor's proposed plan design, please enter the phrase "No Deviations" in the space provided.
ALL SERVICES SHOWN ALLOW ONE PER 24-MONTH BENEFIT PERIOD
TYPE OF SERVICE
PROVIDED PER BENEFIT PERIOD
| IN-NETWORK |
| OUT-OF- NETWORK |
| DEVIATIONS |
| IN-NETWORK |
| OUT-OF- NETWORK |
CURRENT PLAN MEMBER RESPONSIBILITY
Vision - Routine Exam
| $0 |
| Balance after Plan pays $45 |
| Click here to enter text. |
| Click here to enter text. |
Prescription Lenses and Frames*
| Single Vision |
| $0 |
| Balance after Plan pays $52.00 |
| Click here to enter text. |
| Click here to enter text. |
| Bifocal |
| $0 |
| Balance after Plan pays $82.00 |
| Click here to enter text. |
| Click here to enter text. |
| Trifocal |
| $0 |
| Balance after Plan pays $101.00 |
| Click here to enter text. |
| Click here to enter text. |
| Lenticular |
| $0 |
| Balance after Plan pays $181.00 |
| Click here to enter text. |
| Click here to enter text. |
Frames Selected & Selected Upgrade Display Frames
| $0 |
| Not applicable |
| Click here to enter text. |
| Click here to enter text. |
| All other frames |
| Balance after Plan pays the lesser of $100 or the provider’s actual charge |
| Balance after Plan pays the lesser of $45 or the provider’s actual charge |
| Click here to enter text. |
| Click here to enter text. |
Contacts
| Select single vision |
| $0 |
| Not applicable |
| Click here to enter text. |
| Click here to enter text. |
| Non-select single vision |
| Balance after Plan pays $97 |
| Balance after Plan pays $97 |
| Click here to enter text. |
| Click here to enter text. |
| Select bifocal |
| $0 |
| Not applicable |
| Click here to enter text. |
| Click here to enter text. |
| Non-select bifocal |
| Balance after Plan pays $127 |
| Balance after Plan pays $127 |
| Click here to enter text. |
| Click here to enter text. |
| Medically Necessary |
| $0 with prior--authorization |
| Balance after Plan |
pays $285.00
| Click here to enter text. |
| Click here to enter text. |
* Basic prescription lenses (no coverage for “add ons” such as scratch resistant/UV coating, progressive lenses, transitional lenses, etc.) Frames w/lenses or contacts, not both. Plan pays up to noted allowed amounts, remainder is participant responsibility.
FA6 Exhibit 6-4: Compliance Checklist Representations made by the Contractor in this proposal become contractual obligations that must be met during the contract term.
Instructions: Please complete each item with the requested information. Items in the response column with the words "Choose an item,” contain a drop-down list of options. Please select a response from those options as applicable. All "No" responses must be addressed in "FA6 Exhibit 5-2: Explanations and Deviations.”
| Compliance Checklist |
| Contractor's |
Response
Yes or No
Customer Service
| CC-1 |
| Contractor agrees to permit all eligible Members, as determined by MTA, to obtain vision plan dental benefits for themselves and their Dependents. |
| Choose an item. |
| CC-2 |
| Contractor agrees that no administrative functions required under this contract |
may be performed offshore.
Choose an item.
| CC-3 |
| Contractor agrees all members and dependents covered under the prior plan as of December 31, 2026 will be eligible for coverage as of January 1, 2027. |
| Choose an item. |
| CC-4 |
| Contractor agrees to establish and provide a designated, state-of-the-art customer service operation (including a toll-free line) that is available to plan Members (both in-state and out-of-state) 24 hours a day, seven days a week, staffed by live customer service representatives. |
| Choose an item. |
| CC-5 |
| This toll-free customer service line will be supported by an automated voice- response system 24 hours a day, seven days a week. Members can access this system directly to request and receive service authorizations or other pertinent data. This operation should be in accordance with PG-1 and PG-2 on "FA6 Exhibit 5: Performance Guarantees.” |
| Choose an item. |
| CC-6 |
| During call center hours, as indicated above, the customer service phone intake system should be an automatic answering system that picks up within 30 seconds and directs Members into a queue to be serviced, with an available option-out to a live representative at any time during the call. |
| Choose an item. |
| CC-7 |
| Automated call answer system will provide estimated wait time until live operator |
pick-up to Member.
Choose an item.
| CC-8 |
| Contractor agrees to resolve a minimum of 85% of member calls on the first call to the customer service line. |
| Choose an item. |
| CC-9 |
| The member services and provider relations operations must include: |
a.) Knowledgeable staff available to answer questions on plan eligibility, plan guidelines, benefit levels, and claims procedures.
Choose an item.
b.) The ability to access an eligibility file that identifies eligible Members as well as certain other pertinent information regarding Members.
Choose an item.
c.) A system for providing Explanations of Benefits to eligible Members detailing payments to providers for services rendered and the amounts applicable to each service.
Choose an item.
| d.) A procedure for handling emergency requests or non-office hour services. |
| Choose an item. |
| e.) An integrated claims and customer service system enabling both claims and member service team members to view all screens. |
| Choose an item. |
Solicitation No. AGY-24-026-SR-A
| Compliance Checklist |
| Contractor's |
f.) Adequate access to the customer service system for individuals with disabilities.
(TTY and online access for deaf, full-service phone access for blind) Choose an item.
| CC-10 |
| Contractor agrees to establish on-line web access for members to securely look up plan information, participating providers, claim status and history of processed |
claims.
Choose an item.
| CC-11 |
| Contractor affirms it has in place a data file interface relationship with ADP to exchange and accurately convert enrollment data files, including the master enrollment file and any other relevant files, to the Contractor's data system. |
| Choose an item. |
| CC-12 |
| Contractor agrees to offer support services during the Open Enrollment period preceding the initial plan year of the contract and all subsequent open enrollments during the contract term. Contractor will provide services in accordance with |
"FA6 Exhibit 5-7: Performance Guarantees.”
Choose an item.
| CC-13 |
| Contractor will provide representatives to attend Benefit Fairs, who will be trained on the MTA-specific benefit plans, in accordance with "FA6 Exhibit 5-7: |
Performance Guarantees.”
Choose an item.
| CC-14 |
| Contractor agrees to assume a share of the expenses for printing the MTA Open |
Enrollment booklet.
Choose an item.
| CC-15 |
| Contractor agrees to assume the cost of an annual vendor conducted Member |
satisfaction survey and provide results to MTA.
Choose an item.
| CC-16 |
| Contractor shall prepare and provide identification cards and Evidence of Coverage documents to Members. ID cards are to be mailed to members at least ten business days before the program is operational January 1, 2027. ID cards must be mailed to newly enrolled members within three business days of notification by MTA or receipt of the add/change/delete enrollment file that reflects the new enrollment, whichever is earlier. The Evidence of Coverage will be available to members within 30 days of the date the program is operational and provided electronically (and via paper via US Mail upon request). |
| Choose an item. |
| CC-17 |
| Contractor shall provide an electronic draft version of the Evidence of Coverage to the Contract Manager for review at least three months in advance of the Plan effective date, and an electronic final version of the Evidence of Coverage to the employee benefits Contract Manager no later than 45 days in advance of the first day of each plan year. |
| Choose an item. |
| CC-18 |
| Contractor will use a unique identification number (that is not a social security number) on all Member communications, including, but not limited to, |
membership cards, EOBs, etc.
Choose an item.
| CC-19 |
| Upon request, Contractor will submit forms for MTA’s approval, and print forms with MTA’s logo for claims submission. |
| Choose an item. |
Network Compliance/Reimbursement
| CC-20 |
| Contractor agrees to provide Member support services for selecting and/or locating network providers, including but not limited to contacting providers to ensure that they are still in the network when requested by a Member and answering provider |
credential questions that Members may have.
Choose an item.
| CC-21 |
| Contractor agrees to provide on-line access to up-to-date network provider listings and locations to assist Members with provider selection as well as assist with other |
Member services with regard to provider selection.
Choose an item.
| CC-22 |
| Contractor agrees to notify plan Members, in writing with at least 45 days advance |
notice, in the event that the contract for a Member's network provider terminates for any reason. MTA will review and approve the communications provided to MTA Members for this purpose.
Choose an item.
| CC-23 |
| Contractor agrees to notify MTA, in writing with at least 60 days advance notice, in the event that the contract with a participating dentist terminates for any reason. |
| Choose an item. |
| CC-24 |
| Contractor has a procedure in place to allow MTA and/or plan Members to nominate providers to be considered for inclusion in the network panel, and if included, |
made available to Members.
Choose an item.
| CC-25 |
| Contractor agrees to notify MTA immediately if the Contractor loses any licenses, certificate of insurance, liability insurance coverage or certificate of authority from |
the Maryland Insurance Administration or any other state insurance department.
Choose an item.
| CC-26 |
| Contractor commits that all provider contracts for its network have a "continuation of care" clause that says if for any reason a provider’s contract is terminated, including but not limited to if a provider cancels or fails to renew their contract, a course of treatment which began with a network provider will continue to be |
provided according to the Plan and reimbursed by that provider at the contract rate previously in effect.
Choose an item.
| CC-27 |
| Contractor will track Reasonable and Customary (R&C) and claim payment data by |
most cCurrent Procedural Terminology (CPT) CDT code and zip code.
Choose an item.
| CC-28 |
| Contractor agrees to make changes to CPT codes when updated by the |
American Medical Association (AMA) CDT codes on dental procedures and nomenclature when updated by the American Dental Association. Contractor further agrees to confirm these changes, in writing to MTA, no later than 90 days after the effective date of the changes.
Choose an item.
| CC-29 |
| Contractor agrees that all services included in MTA’s benefit program will be covered |
at the same benefit level regardless of (CPT) CDT procedure code changes.
Choose an item.
| CC-30 |
| Contractor has and will maintain a Pre-Determination process for Members to contact customer service to find out the maximum allowance for a specific procedure in advance of having the procedure done. |
| Choose an item. |
| CC-31 |
| Contractor confirms that procedures are in place for ensuring that a network provider does not bill Members and/or the plan sponsor any amount in excess of the network allowance. |
| Choose an item. |
| CC-32 |
| Contractor's contracts with network providers prohibit participating providers from balance billing patients above the network allowance. |
| Choose an item. |
| CC-33 |
| Contractor will guarantee that a Member will not be liable for any amounts over and |
above the scheduled plan benefit in the event a participating network provider is not paid accurately for services rendered.
Choose an item.
| CC-34 |
| Contractor will guarantee that the network allowance will always be the basis for determining the member's liability (coinsurance, etc.), if applicable, for in-network |
services rendered.
Choose an item.
Audits
| CC-35 |
| The Contractor agrees to have an annual audit performed by an independent audit firm of its handling of the Department’s critical functions and/or sensitive information, which is identified as Insurance Claims Processing Services (collectively referred to as the “Information Functions and/or Processes”). Such |
audits shall be performed in accordance with audit guidance: Reporting on Controls at a Service Organization Relevant to Security, Availability, Processing Integrity, Confidentiality, or Privacy (SOC 2) as published by the American Institute of Certified Public Accountants (AICPA) and as updated from time to time, or
| Compliance Checklist |
| Contractor's |
according to the most current audit guidance promulgated by the AICPA or similarly recognized professional organization, as agreed to by the Department, to assess the security of outsourced client functions or data (collectively, the “Guidance”).
| CC-36 |
| Contractor agrees to provide the MTA or its designated representative the right to audit the performance of the plan and services provided (including quality of care and HIPAA compliance). Contractor will make available all services, records and access to the auditors at no extra charge. Contractor will be given 2 months written advance notice of an impending audit. MTA or its designated representative will audit operations at least once annually. |
HIPAA (Terms herein shall have meaning provided in 45 CFR, Parts 160, 162 and 164.)
| CC-37 |
| The Contractor agrees to comply with HIPAA security regulations, 45 CFR Part 164, |
subpart C, including the following:
a.) The Contractor agrees to develop and implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of the electronic protected health information that the Contractor creates, receives, maintains or transmits in the Contractor's administration of the plan, as required by the HIPAA security standards.
Choose an item.
| b.) The Contractor agrees to comply with the HIPAA security standards. |
| Choose an item. |
c.) The Contractor agrees to maintain documentation of the policies and procedures and safeguards implemented to comply with the HIPAA security standards.
Choose an item.
d.) In compliance with 45 CFR 164.308(b), the Contractor agrees to ensure through written contract that any agent, including a subcontractor, to whom the Contractor provides electronic PHI agrees to implement reasonable and appropriate safeguards.
Choose an item.
e.) The Contractor agrees to report to MTA within 10 days any security incident of which the Contractor becomes aware during the term of the Contract and any mitigation or remedial plans to address such security incidents.
Choose an item.
f.) The Contractor agrees to make the Contractor's policies and procedures, and its documentation required by the HIPAA security standards, available to MTA and the Department of Health and Human Services for purposes of determining if the plan complies with the HIPAA security standards.
Choose an item.
| CC-38 |
| The Contractor agrees to comply with HIPAA privacy standards, 45 CFR Parts 160 |
and 164, including the following:
a.) The Contractor shall not use or disclose PHI except to fulfill the requirements of this RFP and the contract, or as required by law. In doing so, the Contractor shall use, disclose or request the minimum amount of PHI necessary and act in compliance with §164.502(b) as if a covered entity. Further, the Contractor shall use limited data sets when possible and comply with DHHS guidance in determining minimum necessary standards to accomplish intended use, purpose or disclosure as if a covered entity.
Choose an item.
b.) The Contractor shall implement and use appropriate and reasonable administrative, physical and technical safeguards to prevent Use or Disclosure of Choose an item.
| Compliance Checklist |
| Contractor's |
PHI other than (1) as provided in this RFP and the contract, (2) permitted by the HIPAA Privacy Regulation for a Covered Entity, and (3) permitted by the Medical Records Act. In the event that the HIPAA Privacy Regulation and the Medical Records Act conflict regarding the degree of protection provided for PHI, the Contractor shall comply with the more restrictive protection requirements.
c.) The Contractor shall report to the MTA any Use or Disclosure of PHI that is not permitted within 10 days of when the Contractor becomes aware of such Use and Disclosure.
Choose an item.
d.) The Contractor shall use reasonable efforts to mitigate the effect of any Use or Disclosure of PHI known to Contractor that is not permitted.
Choose an item.
e.) The Contractor shall comply with the administrative requirements of 45 CFR §
164.530 as if the Contractor were the Covered Entity in relation to the plan.
Choose an item.
f.) In compliance with 45 CFR § 164.504(e)(5), the Contractor shall ensure, through written contract, that any agent, including a subcontractor, to whom it provides PHI received from, created by, or received by the Contractor agrees to the same restrictions and conditions that apply to the Contractor with respect to such information. This obligation shall apply in connection with PHI created, retained, used, disclosed, or transmitted in connection with the group plan(s) administered by the Contractor.
Choose an item.
g.) The Contractor shall provide a Notice of Privacy Practices to all individuals enrolled in the plan in compliance with 45 CFR §164.520 as if the Contractor were the Covered Entity with regard to the plan.
(1) This Notice of Privacy Practices shall comply with the requirements of 45 CFR §164.520 as if the Contractor were the Covered Entity with regard to the plan.
(2) A copy of this Notice of Privacy Practices shall be provided to MTA with certification that the notice has been provided to the Members.
Choose an item.
h.) The Contractor shall permit an individual enrolled in the plan to request restricted Uses and Disclosures of PHI related to that individual in accordance with 45 CFR §164.522(a)(1)(i). The Contractor shall comply with 45 CFR §164.522(a)(1)(iii)-(iv) and HITECH §13.405(a) in the event that a request for restricted Uses and Disclosures is granted as if the Contractor were the Covered Entity with regard to the plan. The Contractor may refuse such request to restrict Uses and Disclosures or terminate a restriction on Uses and Disclosures provided that the Contractor complies with the provisions of 45 CFR §164.122(a)(1)(ii), §164.522(a)(2)-(3) and HITECH §13.405(a) as if the Contractor were the Covered Entity with regard to the plan.
Choose an item.
i.) The Contractor shall accommodate reasonable requests by individuals enrolled in the plan or by the MTA on behalf of such individuals to receive confidential communications in compliance with 45 CFR §164.522(b)(ii) as if the Contractor were the Covered Entity with regard to the plan. The Contractor may condition providing confidential communications as permitted by 45 CFR §164.522(b)(2).
Choose an item.
j.)The Contractor shall maintain PHI in a Designated Record Set and make available to an individual the PHI relating to that individual in compliance with 45 CFR §164.524 and the HITECH Act as if the Contractor were the Covered Entity with regard to the plan.
Choose an item.
| Compliance Checklist |
| Contractor's |
k.) The Contractor shall make available for amendment and amend PHI at the request of the MTA or the individual to whom the PHI relates in compliance with 45 CFR §164.526 as if the Contractor were the Covered Entity with regard to the plan.
Choose an item.
l.) Contractor shall document and track Disclosures and provide an accounting of Disclosures of PHI to the individual about whom it relates in compliance with 45 CFR §165.528 and the HITECH Act as if the Contractor were the Covered Entity with regard to the Vision Dental plan.
Choose an item.
m.) The Contractor shall make the Contractor’s internal practices, books and records, including privacy and confidentiality policies and procedures and PHI, available to MTA and the Federal Department of Health and Human Services, for purposes of determining whether the MTA is compliant with the HIPAA Privacy Regulation in the administration of the plan.
Choose an item.
n.) Upon termination of the Contract, for any reason, the Contractor shall maintain all records created under the Contract as required by the Contract and shall extend the protections of the HIPAA privacy standards to the PHI contained in those records for so long as the Contractor maintains the PHI. All such records containing PHI shall be destroyed at the expiration of the record retention period required by the Contract or, if retained by the Contractor, protected, used and disclosed only in accordance with this RFP and the Contract.
Choose an item.
o.) The Contractor shall provide a certification to MTA that the Contractor's HIPAA Privacy Standards obligations have been met, to occur no more frequently than quarterly, upon MTA’s request for certification.
Choose an item.
p.) The Contractor shall disclose PHI to the MTA and to MTA’s agents for MTA’s use in treatment, payment and health care operations related to the plan, and MTA’s other related plans.
Choose an item.
q.) The Contractor may Disclose PHI as required by law in compliance with 45 CFR §164.512.
Choose an item.
r.) The Contractor may Use and Disclose PHI to conduct data aggregation services as permitted by 45 CFR §164.501 and §164.504(e)(2)(i)(B).
Choose an item.
s.) The Contractor may Use and Disclose PHI for the proper management and administration of the Contractor or to carry out its legal responsibilities as permitted by 45 CFR §164.504(e)(4), provided that: (a) such Uses and Disclosures would be permitted by the HIPAA Privacy Regulation if the Contractor were a Covered Entity regulated by the HIPAA Privacy Regulation and (b) the Contractor obtains reasonable written assurances from the person, agency, or entity to which such Disclosures are made that all PHI will remain confidential and be Used or Disclosed further only as required by law, for the purposes of Disclosure by the Contractor, and the person, agent or entity notifies the Contractor of any instances in which the confidentiality of the PHI has been breached.
Choose an item.
t.) The Contractor may Use or Disclose PHI to report violations of the law to appropriate State and Federal authorities consistent with 45 CFR §164.502(j).
Choose an item.
u.) The Contractor may Disclose PHI in response to an authorization executed by the individual who is the subject of the PHI or that individual's personal representative in accordance with 45 CFR §502(g) and 45 CFR §164.508.
Choose an item.
| Compliance Checklist |
| Contractor's |
Response
| CC-39 |
| The Contractor shall comply with 45 CFR 164.508(a)(4) and §13405(d)(1) and (2) of the HITECH Act as if it were a covered entity in connection with the benefits plan administered by the Contractor pursuant to this RFP and Contract. The Contractor shall prohibit its business associates, agents and subcontractors who receive, use, disclose, create, retain, maintain, or transmit PHI from receiving remuneration in |
exchange for PHI on the same terms.
Choose an item.
| CC-40 |
| The Contractor shall comply with the limitations on marketing and fundraising communications provided in 45 CFR 164.508(a)(3) and §13406 of the HITECH Act as |
if it were a covered entity in connection with the Vision and Dental plan.
Choose an item.
| CC-41 |
| Breaches of Unsecured PHI |
a.) A breach shall be treated as discovered in the terms described in 45 CFR §164.410.
Choose an item.
b.) Notice to MTA
(1) The Business Associate shall promptly notify MTA of a breach of unsecured PHI in its possession following the first day on which the Contractor (or Contractor's employee, officer, agent or subcontractor) knows of such breach or following the first day on which Contractor (or Contractor's employee, officer, agent or subcontractor) should have known of such breach. Such notice shall occur without unreasonable delay and in no event more than 30 days following discovery of the breach. Such notice shall occur even if the breach is not of a Member of MTA’s Plan.
Choose an item.
(2) In the event that Contractor determines that there is no risk of an unauthorized access, acquisition, use, or disclosure compromises the security or privacy of the PHI of a Member, Contractor shall promptly notify MTA of the event and the basis for that determination. Such notice shall occur as soon as is reasonable but in no event more than 30 days following discovery of the unauthorized access, acquisition, use or disclosure of PHI of a Member. Such determination shall be in writing and signed by an appropriate officer or employee of Contractor.
Choose an item.
(3) Contractor's notice to MTA pursuant to this section concerning breaches shall include, at a minimum:
(i) the number of individuals overall affected by the breach and the number of Members in MTA’s Plan affected by the breach;
Choose an item.
(ii) if applicable, the identification of each MTA Plan Member whose unsecured PHI has been, or is reasonably believed to have been, accessed, acquired, used, disclosed, or otherwise the subject of the breach;
Choose an item.
(iii) a description of what happened, the date of the breach, if known, and the date of the discovery of the breach;
Choose an item.
(iv) a brief description of the types of unsecured PHI that were involved in the breach (such as name, social security number, date of birth, claims or health care services information, etc.);
Choose an item.
(v) identification of an individual who can provide additional information concerning the breach; and Choose an item.
(vi) a brief description of the steps Contractor is taking to mitigate the breach, investigate the breach, and to protect against further breaches.
Choose an item.
| Compliance Checklist |
| Contractor's |
(4) Contractor's notice to MTA pursuant to this section may be provided on a rolling basis, with information provided to the Department as it becomes available.
Choose an item.
c.) Notice to Members.
(1) Business Associate shall provide notice to affected members and to the media in the form, content, manner, method, and timing required to meet the requirements of §§13400-13402 of the HI TECH Act and 45 CFR §§164.404 and 164.406, applied as if Business Associate were a covered entity in connection with the group plan(s) administered by Business Associate pursuant to the Underlying Agreement.
Choose an item.
(2) The notice(s) required by this section may not be issued until MTA has reviewed and approved the notice(s). Such approval may not be unreasonably delayed or withheld.
Choose an item.
d.) Contractor may delay the notice(s) required pursuant to sections 164.404(b) and 164.406(b) only if permitted pursuant to 45 CFR §164.412.
Choose an item.
e.) In the event of an unauthorized use or disclosure of PHI or a breach of Unsecured PHI, Contractor shall use reasonable efforts to mitigate any harmful effects of said disclosure that are known to it.
Choose an item.
f.) Notices to DHHS.
(1) In the event of a breach described in 45 CFR §164.408(b), Contractor shall provide to MTA all information required by that subsection to be submitted to the Secretary of DHHS. The information shall be provided without unreasonable delay and in no event more than 30 days following discovery of the breach. Upon request, Contractor shall submit the required breach notice to the Secretary of DHHS on behalf of the MTA, the group plan(s), and the Program.
Choose an item.
(2) Contractor shall maintain a log of breaches described in 45 CFR §164.408(c) and that affect members and the group plan(s) administered by Business Associate pursuant to the Underlying Agreement.
Choose an item.
g.) In fulfilling its obligations pursuant under this Contract in connection with 45 CFR §164.530, Business Associate shall address the provisions of 45 CFR Part 164, subpart D in the manner provided in 45 CFR §164.414, as if Contractor were a covered entity in connection with the benefits plan administered by the Contractor pursuant to this Contract and RFP.
Choose an item.
h.) Business Associate agrees to review any guidance from DHHS specifying the technologies and methodologies that render PHI unusable, unreadable, or indecipherable to unauthorized individuals. BA further agrees, to the extent practical, appropriate and reasonable, to incorporate such guidance into its administrative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of PHI.
Choose an item.
i.) Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides PHI received from, or created or received by the Contractor, agrees to provide notice of a breach and the information necessary for the Contractor to comply with its notice requirements in sections (a) through (h) above.
Choose an item.
| CC-42 |
| Electronic Health Records |
| a.) Contractor shall notify MTA if and when Contractor uses or maintains electronic health records with respect to PHI |
| Choose an item. |
| Compliance Checklist |
| Contractor's |
b.) As of the applicable effective date identified in HITECH §13405(c )(4), when complying with the obligations to respond to requests for an accounting under 45 CFR §164.528, Contractor shall respond to requests for an accounting of disclosures of PHI, in compliance with the requirements of §13405( c)(1) and (3) of the HITECH Act and any regulations promulgated by the Secretary of DHHS pursuant to §13405( c)(2) of the HITECH Act. The requirements of this section shall apply if Contractor uses or maintains an electronic health record with respect to
PHI.
Choose an item.
c.) When complying with the obligation to provide access to PHI under 45 CFR §164.524, Contractor shall respond to requests for access to PHI in compliance with the requirements of §13405(e) of the HITECH Act. The requirements of this section shall apply if Contractor uses or maintains an electronic health record with respect to PHI.
Choose an item.
| CC-43 |
| The Contractor confirms that its proposal, and plan design offered, is in compliance with all federal and state laws and regulations that pertain to Vision and Dental employee benefit plans. |
| Choose an item. |
| CC-44 |
| The Contractor understands, has the necessary systems capability and complies with HIPAA's administrative simplification standards related to electronic data interchange (EDI), including the code set/transactions requests of 45 CFR Part 162. |
| Choose an item. |
| CC-45 |
| The Contractor requires any agents/subcontractors it brings onto the project(s) covered by this RFP to comply with the HIPAA standards for EDI. |
| Choose an item. |
Special Provisions
| CC-46 |
| Contractor will provide at least 6 months’ notice to the MTA for any planned systems upgrades or changes (to include claims, customer service, eligibility, corporate operating system). |
| Choose an item. |
| CC-47 |
| Contractor agrees to retain records in excess of the period required by the Contract, if required by State and Federal regulations for group vision and dental plans. |
| Choose an item. |
| CC-48 |
| Contractor agrees that there will be no restrictions or benefit limitations for pre- |
existing conditions applied to any eligible Members under the plan.
Choose an item.
| CC-49 |
| Contractor agrees to prepare and file all legal documents necessary to implement and maintain the plan, including policies, amendments, contracts, required state filings, and development of booklet/certificate formats. |
| Choose an item. |
| CC-50 |
| Contractor agrees to monitor federal and state legislation affecting the delivery of vision and dental benefits under the plan and to report to MTA on those issues in a timely fashion prior to the effective date of any mandated benefit changes. |
| Choose an item. |
| CC-51 |
| Contractor will absorb the cost of programming any benefit design changes. |
| Choose an item. |
| CC-52 |
| Member service operations must include an information system capable of electronically transmitting, receiving, and updating Member profile information regarding demographics, coverage, and other information (e.g. eligibility, change of address, etc.). |
| Choose an item. |
| Compliance Checklist |
| Contractor's |
Response
| CC-53 |
| Contractor agrees to have a process in place for resolving complaints operable on the date of contract commencement. MTA expects an expeditious, written resolution will normally be mailed within 10 workdays of receipt of the complaint. |
| Choose an item. |
Claim Processing
| CC-54 |
| Contractor agrees that all claims will be paid in accordance with the benefit program described in FA6 Exhibit 3: Vision Plan Design and FA3 Exhibit 9: Vision Plan EOC in this Request for Proposals. |
| Choose an item. |
| CC-55 |
| Contractor agrees to use the NAIC 120-1 Model COB Contract Provisions as applicable for vision and dental plans for determining when to pay as primary coverage. |
| Choose an item. |
| CC-56 |
| Contractor agrees to administer the plan to provide Coordination of Benefits (COB) under a “pay and pursue” basis with other employee, retiree, and/or dependent vision and dental coverage. |
| Choose an item. |
| CC-57 |
| Contractor will verify and update Member records with information on other coverage at least annually and more frequently if notified by the MTA or Members. |
| Choose an item. |
| CC-58 |
| Contractor agrees to use its R&C profiles, reduced network fees, or those of the primary carrier in determining its level of reimbursement when it is the secondary |
payor in a COB situation.
Choose an item.
| CC-59 |
| To the extent permitted under state law, no fault auto insurance, governmental plans (Medicaid) coordination and negligent third-party subrogation will be |
included in the contract.
Choose an item.
| CC-60 |
| Contractor certifies that it can and will administer the vision dental plans in compliance with all State laws, regulations, and mandates. |
| Choose an item. |
| CC-61 |
| Contractor agrees to provide written updates to MTA of changes in claims appeal |
process.
Choose an item.
| CC-62 |
| The claims system maintains on-line eligibility files that are updated at least |
weekly.
Choose an item.
| CC-63 |
| Contractor agrees to claims fiduciary responsibilities, including appeals, for claims |
adjudication and defense of "utilization review" decisions.
Choose an item.
| CC-64 |
| Network members never have to submit claim forms for in-network services. |
| Choose an item. |
| CC-65 |
| Each of your networks serving MTA members is supported by a computerized, on- line direct access claims processing system containing plan/claim information |
storage and retrieval.
Choose an item.
| CC-66 |
| Contractor will review claims history for benefits issued during retroactive and in |
eligible periods and initiate overpayment recovery efforts.
Choose an item.
| CC-67 |
| Contractor will have a pre-authorization procedure in place for referrals to non- network providers in those circumstances in which a Vision network provider is not |
available to provide specific services.
Choose an item.
| CC-68 |
| Contractor agrees to process 99% of claims dollars accurately and provide to MTA |
evidence of such processing during quarterly vendor meetings.
Choose an item.
| CC-69 |
| Contractor agrees to process 97% of claims accurately and provide to the MTA |
evidence of such processing during quarterly vendor meetings.
Choose an item.
| Compliance Checklist |
| Contractor's |
Response
| CC-70 |
| Contractor agrees to adjudicate 95% of claims within 10 business days and 98% of claims within 20 business days and provide to the MTA evidence of such processing |
during quarterly vendor meetings.
Choose an item.
Reporting
| CC-71 |
| Contractor agrees to deliver the required management information reporting in the format specified by MTA that provides utilization, claims reporting, and |
administrative services data by subgroup to the MTA.
Choose an item.
| CC-72 |
| The MTA requires a number of regular quarterly and annual claim reports. The Contractor will provide these reports in an electronic format upon data availability |
following the end of the accounting period to MTA.
Choose an item.
Quarterly reports include:
| CC-73 |
| A report showing Vision paid claims by month, service category, number of enrolled employees/retirees, number of enrolled members (including employees/retirees and their dependents) for the following groups: (1) In and Out-of-Network and in Total. (3) The paid claim service categories are: Class I (Preventive), Class II (Basic/Restorative), Class III & IV (Major) and Class V (Orthodontia). This report shall be due on the same schedule described in "FA6 Exhibit 5-7: Performance Guarantees.” |
| Choose an item. |
| CC-74 |
| Contractor must self-report on each of the Performance Guarantee measurements as defined in the Quarterly Plan Performance Measurement Report Card to MTA on a calendar quarter basis, in the format requested. See "FA6 Exhibit 5-7: |
Performance Guarantees."
Choose an item.
| CC-75 |
| A network summary report showing number of providers with a change in network status, including additions, terminations and those dentists no longer accepting |
new patients. This report should separate data based specialty type.
Choose an item.
| CC-76 |
| A report describing network development activities for the previous quarter and a |
network development plan for the upcoming quarter.
Choose an item.
| CC-77 |
| A report including the number and dollar value of outstanding overpayments for |
the vision plan.
Choose an item.
Annual reports include:
| CC-78 |
| A rate renewal report, as required by "FA6 Exhibit 5-7: Performance |
Guarantees,” including, but not limited to:
| a.) Projection of incurred and paid claim costs for renewal year; |
| Choose an item. |
b.) Complete documentation of the methodology and assumptions used to develop the projected costs, including a break out of all expenses;
Choose an item.
c.) Disclosure of supporting data used in calculations, including monthly paid claims and enrollment, large claims analysis, trend analysis, demographic analysis, etc.;
Choose an item.
d.) Substantiation of any proposed increase in fixed costs via a thorough analysis of activities and costs covered by those fees;
Choose an item.
| e.) Explanations for any unusual trend results (high/low relative to the market). |
| Choose an item. |
| CC-79 |
| A report summarizing the outcomes of the Contractor's Quality Management initiatives (as detailed in the Quality Assurance section below) for the prior plan |
year and areas of focus for the upcoming plan year.
Choose an item.
| Compliance Checklist |
| Contractor's |
Other reporting requirements include:
| CC-80 |
| Contractor will track and report accumulation toward calendar maximum and lifetime orthodontia maximum by Member for reporting to State on a quarterly basis and to Member at certain accumulation milestones, as determined by MTA. |
| Choose an item. |
| CC-81 |
| Contractor will provide Ad Hoc reporting flexibility to accommodate up to 15 requests |
annually, at no additional charge.
Choose an item.
Implementation
| CC-82 |
| Contractor agrees to comply with the implementation schedule as described in the |
RFP Section 2.9.20, Contract Implementation Milestones and Due Dates.
Choose an item.
Payment Specifications
| CC-83 |
| Contractor agrees to accept premium payments in accordance with the dental plan |
payment procedures described in Sections 2.9.14 – Billing and Claims Payment and 3.3 – Invoicing, 4.23 – Payments by Electronic Funds Transfer and 4.24. Prompt Payment policy of the RFP.
Choose an item.
| CC-84 |
| Contractor agrees to accept payment processed through normal MTA transmittal |
process.
Choose an item.
| CC-85 |
| Contractor agrees that the only compensation to be received by or on behalf of its organization in connection with this Plan shall be that which is paid directly by the |
MTA.
Choose an item.
Account Management/Customer Service
| CC-86 |
| Upon request by the MTA, the Contractor agrees to change the designated account |
manager, claim supervisor, claim processor and/or claim facility for any reason at any time.
Choose an item.
| CC-87 |
| Contractor will provide a designated account management team for MTA. |
| Choose an item. |
| CC-88 |
| Contractor will provide a succession plan upon request for the account management |
team.
Choose an item.
| CC-89 |
| Contractor will provide a designated customer service team for MTA that is separate |
from the claim processing unit.
Choose an item.
| CC-90 |
| Contractor will provide a designated senior eligibility contact for the MTA. |
| Choose an item. |
| CC-91 |
| Contractor will provide a designated senior underwriting contact for the MTA. |
| Choose an item. |
| CC-92 |
| Contractor will provide a designated senior premium payment contact for the MTA. |
| Choose an item. |
| CC-93 |
| Contractor will provide a designated senior reporting contact for the MTA. |
| Choose an item. |
| CC-94 |
| Contractor will provide a designated senior claims/customer service contact for the |
MTA.
Choose an item.
| CC-95 |
| Contractor will provide a designated senior billing contact for the MTA. |
| Choose an item. |
| CC-96 |
| Contractor will provide a designated claim processing unit for the MTA. |
| Choose an item. |
| CC-97 |
| Contractor will provide complete contact information for the contacts indicated in |
items CC-86 through CC-96 above.
Choose an item.
| Compliance Checklist |
| Contractor's |
Response
| CC-98 |
| Contractor will attend quarterly meetings to discuss plan administration and any other concerns the MTA may have. Meetings will be set with MTA in advance on a designated day each quarter. Meeting reporting content will include but not be limited to financial performance, performance guarantee results, customer services issues and process improvement, Contractor will attend meetings in accordance with "FA6 Exhibit 5-7: Performance Guarantees.” |
| Choose an item. |
| CC-99 |
| Contractor agrees to review drafts each year of the plan description contained in |
MTA’s Open Enrollment booklet each year, upon request by MTA, and at no extra cost.
Choose an item.
| CC-100 |
| Contractor agrees to meet or exceed established performance standards as described in "FA6 Exhibit 5-7: Performance Guarantees.” |
| Choose an item. |
Provider Contracting/ Relations
| CC-101 |
| Contractor provides routine education to network providers regarding the plan's policies and procedures through a manual, periodic newsletters, and special |
meetings, as needed.
Choose an item.
| CC-102 |
| Contractor agrees to develop and adhere to a detailed network development plan |
based on MTA’s needs and agreed to by the MTA.
Choose an item.
| CC-103 |
| Contractor agrees to perform annual visits to all network providers. |
| Choose an item. |
| CC-104 |
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