FSA_-_Exhibit_5_-_Updated_v2.docx

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Third-Party Administrator Services for Flexible Spending Accounts - Healthcare and Dependent Daycare
Solicitation number
BPM054797
Issued by
Maryland

About this file

This is an RFP response exhibit document for third-party administrator (TPA) services for the State of Maryland's Flexible Spending Account (FSA) programs, including Healthcare FSA (HCFSA) and Dependent Daycare FSA (DCFSA). The solicitation seeks a contractor to administer FSA plans for eligible State employees beginning with the Plan Year commencing January 1, 2027. The exhibit comprises multiple components designed to capture offeror qualifications, compliance commitments, and operational capabilities. Key service requirements include comprehensive implementation activities, ongoing account management, claims processing and reimbursement, participant communications, customer service operations, website and mobile app administration, debit card management, and detailed quarterly and annual reporting. The contractor must provide dedicated account management and customer service teams, maintain HIPAA compliance for health information and equivalent protections for personal data, process claims within specified turnaround times, operate a toll-free customer service line available 8:00 a.m. to 8:00 p.m. local time on business days with 24/7 automated system access, and ensure all administrative functions remain onshore with no offshore performance.

The exhibit requires offerors to complete detailed questionnaires addressing operational capabilities, staffing structure, experience with FSA administration, references, plan design adherence, and compliance with federal and state regulations including HIPAA, HITECH Act, and IRS requirements. Offerors must demonstrate quality assurance processes, fraud detection procedures, disaster recovery capabilities, and security measures protecting participant protected health information and personal data. Performance guarantees establish specific service standards for claims processing accuracy, turnaround times, customer service responsiveness, and other operational metrics, with liquidated damages calculated at 5% per subcomponent not to exceed 10% of quarterly HCFSA and DCFSA administration fees for unmet performance standards. The contractor must absorb costs for open enrollment material printing and mailing shared equally among all benefit plans, provide cost-sharing for annual participant satisfaction surveys, and submit comprehensive supporting documentation to substantiate performance measurement compliance through quarterly report cards and annual audits.

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Contents

Exhibit 5-1: Offeror Information1
Exhibit 5-2: Explanations and Deviations6
Exhibit 5-3: Plan Design7
Exhibit 5-4: Compliance Checklist10
Exhibit 5-5: Questionnaire27
Exhibit 5-6a: Subcontractors Questionnaire35
Exhibit 5-6b: Subcontractors Questionnaire37
Exhibit 5-6c: Subcontractors Questionnaire39
Exhibit 5-6d: Subcontractors Questionnaire41
Exhibit 5-6e: Subcontractors Questionnaire43
Exhibit 5-6f: Subcontractors Questionnaire45
Exhibit 5-7: Performance Guarantees47

SOM MEDICAL PART 2: Attachments O-Q DRAFT DATE: 10/29/2013

FLEXIBLE SPENDING ACCOUNT ADMINISTRATION

SOM Medical RFP Part 2 – Page Attachment S-1

Solicitation No. F10B2600045 1 Exhibit 5-1 Exhibit 5-1: Offeror Information Representations made by the Offeror in this proposal become contractual obligations that must be met during the contract term.

Instructions: Please complete each cell 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.

I.
GENERAL PLAN INFORMATION

Response

1.
Offeror's Legal Name
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2.
Address
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3.
City
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4.
State
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5.
Zip
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6.
Web Address
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7.
Operational Date
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8.
Corporate Tax Status
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9.
Federal Employer Identification Number
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10.
Ownership/Controlling Interest
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11.
Number of Locations
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12.
Number of Employees
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13.
Years administering flexible spending accounts
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14.
For the year ending 2024, please provide
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a.) the number of covered participants for which the Offeror provides FSA Administration
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b.) the number of employers using FSA services
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15.
Number of additional covered participants expected in 2025 and 2026
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16.
Type and amount of insurance or coverage carried (please provide a copy of all such policies or certificates of coverage) in response to RFP Section 3.17.
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II.
PLAN DESIGN
Offerors must adhere to the proposed plan designs shown in "Exhibit 5-3: Plan Design" in preparing the quote and administering the FSAs during the contract term.
Select Response
1.
Confirm that the proposal is issued in accordance with the specifications, assumptions and information included in this Request for Proposal, the accompanying worksheets and standard services addressed in the Information Questionnaire. If "No,” indicate deviations in "Exhibit 5-2: Explanations and Deviations" worksheet.
Choose an item.
2.
Review and detail deviations from the proposed plan design shown in the worksheet, "Exhibit 5-3: Plan Design.”
Choose an item.
III.
ADMINISTRATIVE AND OPERATIONAL INFORMATION
1.
Provide addresses for the following activities
Activity
Location
City
State
Corporate/ Firm Management
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Claims Office
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Customer Service Office
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Account Management/ Client Services
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2.
List the location(s) of your service centers (separately identify claims processing centers and customer service centers if in different locations(s)) that would be servicing the State's participants. Use the "Exhibit 5-3 Explanation" worksheet if you need more space.
Service Center Location(s)
Number of Years in Operation
Annual Claims Volume
Number of Claims per Processor

Click here to enter text. Click here Click here Click here

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3.
Claim Turnaround Time (in number of days based on the number of business days from receipt) NOTE: As used in this RFP, 'claim' is equivalent to 'reimbursement request.'
Time to complete all substantiation requirements and issue reimbursement
Expected Average Turnaround Time
Actual Average Turnaround Time within last 12 months
Percentage of claims processed within the expected turnaround time within last 12 months

Complete Claims

- Paper Claims
Click hereClick hereClick here
- Debit Card Claims
Click hereClick hereClick here

Claims Requiring Follow up

- Paper Claims
Click hereClick hereClick here
- Debit Card Claims
Click hereClick hereClick here
4.
Staff Turnover and Vacancy
Type of Service
Customer Service
Claims Management
Processors
Supervisors
Number of Full Time Employees as 6/30/2025
Click hereClick hereClick hereClick here
Number of Part Time Employees as of 6/30/2025
Click hereClick hereClick hereClick here
Average Years of Experience
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Turnover during last twelve (12) months
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Number of Employees that terminated in last twelve (12) months
Click hereClick hereClick hereClick here
Vacancies on 6/30/2025
Click hereClick hereClick hereClick here
5.
Staff that shall be Designated to Servicing the State of Maryland
Type of Service
Customer Service
Claims Management
Processors
Supervisors
Number of Full Time Employees
Click hereClick hereClick hereClick here
Number of Part Time Employees
Click hereClick hereClick hereClick here
Average Years of Experience
Click hereClick hereClick hereClick here
Number of New Employees to be Hired (if any)
Click hereClick hereClick hereClick here
6.
Work Volume
2022
2023
2024

Health Care FSAs

Provide the total number of employees enrolled in HCFSA plans for the past three (3) years.
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What percentage of your clients’ eligible employees enrolled in HCFSA plans for the past three (3) years?
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Provide the total number of claims for HCFSA benefits paid by your company for the past three (3) years.
Click hereClick hereClick here

Dependent Daycare FSAs

Provide the total number of employees enrolled in DCFSA plans for the past three (3) years.
Click hereClick hereClick here
What percentage of your clients’ eligible employees enrolled in DCFSA plans for the past three (3) years?
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Provide the total number of claims for DCFSA benefits paid by your company for the past three (3) years.
Click hereClick hereClick here
7.
Based on Total Claims in Calendar Year 2025 (YTD), provide:
Number of Claims
% Dollar Accuracy
% Error Frequency
Valid Claims
Click hereClick hereClick here
Claims Requiring Follow up
Click hereClick hereClick here
8.
What Percentage of Your Business would this Contract represent?

Percentage

Membership
Click here
Dollar Volume
Click here
Claims Paid
Click here
IV.
REFERENCES

Please complete the following tables with the requested reference information.

1.
Please provide three (3) of your employer client references with a similar size enrolled population.

If available, please provide at least one (1) government client reference.

Information
Reference #1
Reference #2
Reference #3
Organization Name
Click hereClick hereClick here
Contact Person
Click hereClick hereClick here
Title
Click hereClick hereClick here
Telephone #
Click hereClick hereClick here
E-mail Address
Click hereClick hereClick here
Value, type, duration and services provided
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Number of Employees
Click here to enter text.Click here to enter text.Click here to enter text.
HCFSA Members Enrolled
Click here to enter text.Click here to enter text.Click here to enter text.
DCFSA Members Enrolled
Click here to enter text.Click here to enter text.Click here to enter text.
2.
Please provide three (3) of your terminated employer clients.
Information
Reference #1
Reference #2
Reference #3
Organization Name
Click hereClick hereClick here
Contact Person
Click hereClick hereClick here
Title
Click hereClick hereClick here
Telephone #
Click hereClick hereClick here
E-mail Address
Click hereClick hereClick here
Value, type, duration and services provided
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Number of Employees
Click here to enter text.Click here to enter text.Click here to enter text.
HCFSA Members Enrolled
Click here to enter text.Click here to enter text.Click here to enter text.
DCFSA Members Enrolled
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Effective Date of Contract
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Termination Date of Contract
Click here to enter text.Click here to enter text.Click here to enter text.
Reason for Termination
Click here to enter text.Click here to enter text.Click here to enter text.

V. CONTACT INFORMATION

Primary contact of person authorized to execute this proposal

Name
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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.

Exhibit 5-2: Explanations and Deviations Representations made by the Offeror in this proposal become contractual obligations that must be met during the contract term.

Instructions: All deviations from the specifications of the Request for Proposal (RFP) must be clearly defined using this worksheet. 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 attachment labeled “Exhibit 5-2b: Explanations and Deviations” using the same table format. Most importantly, keep all explanations brief. In the absence of any identified deviations, your organization shall be bound to the terms of the RFP.

Section # / Question #
Indicate "Explanation" or "Deviation"
Offeror Response
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Please indicate if “Exhibit 5-2b: Explanations and Deviations” is provided: Choose Yes or No.

SOM Medical RFPPart 2 – PageAttachment S-2
Solicitation No. F10B26000456Exhibit 5-2

Exhibit 5-3: Plan Design Representations made by the Offeror in this proposal become contractual obligations that must be met during the contract term.

Instructions: Any deviations between the State's proposed plan design and the proposed plan design of the Offeror must be noted in the space provided below. If there are no deviations in the Offeror's proposed plan design, please enter the phrase "No Deviations" in the space provided.

Health Care FSA
Minimum
Maximum
Deviations
Annual Limits
$120
$3,300
The entire election amount for the Plan Year shall be available to the participant from the first day of the Plan Year, regardless of the amount actually contributed to the HCFSA through year-to-date salary reduction.
Click here to enter text.
Any amount remaining in the account at the end of Plan Year and Grace Period, and after the processing of all claims for such Plan Year, are forfeited by the participant and credited to the State.
Click here to enter text.
Reimbursements shall be made for all medical expenses authorized for reimbursement pursuant to Code Section 105(b), including over-the-counter drugs as provided in Revenue Ruling 2010-23.
Click here to enter text.
The HCFSA has a Grace Period of two (2) months and fifteen (15) days following the end of the year to incur expenses for Participants who are enrolled and covered in the HCFSA on the last day of the Plan Year. See Internal Revenue Notice 2005-42.
Click here to enter text.
Reimbursements shall be made directly to the covered Participant.
Click here to enter text.
Offeror agrees to follow requirements of the State's Cafeteria Plan and any updates or changes during the Contract term.
Click here to enter text.
The Participant must provide certification that the medical expense has not been reimbursed or is not reimbursable under any other health plan coverage and, if reimbursed from the healthcare flexible spending account, such amount shall not be claimed as a tax deduction or reimbursement sought from another health plan.
Click here to enter text.
Dependent Daycare FSA
Minimum
Maximum
Deviations
Annual Limits
$120
$5,000

Notwithstanding the Plan Year in which a reimbursement for eligible employment-related dependent daycare expenses is made, the total reimbursements to an Employee in any calendar year shall not exceed the lesser of:

(i) the Participant's earned income, as defined in Section 129(e)(2) of the Code;

(ii) the actual or deemed earned income of the Participant's spouse, or

(iii) the maximum amount permitted under Code Section 129(a)(2)(A) ($5,000 or $2,500 if married filing separately).

Click here to enter text.
Any amount remaining in the account at the end of Plan Year and after the processing of all claims for such Plan Year are forfeited by the participant and credited to the State. No Grace Period applies for the DCFSA.
Click here to enter text.
Reimbursements shall be made for only dependent daycare expenses authorized for reimbursement pursuant to IRS Code Sections 129 and 125.
Click here to enter text.
Reimbursements shall be made directly to the Participant.
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The Offeror, in order to establish that a reimbursement is permitted, may require additional information from each Participant who desires reimbursement under this account. Such information may include but is not limited to:

(i) the dependent(s) for whom services were performed,

(ii) the nature of the services performed and the cost,

(iii) the relationship, if any, of the person performing the services to the covered Employee, and

(iv) if the services were performed in a day care center, a statement that the day care center complies with all applicable laws and regulations of the state of residence.

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Offeror agrees to follow requirements of the State's Cafeteria Plan and any updates or changes during the Contract term.
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All amounts reimbursed to the Participant shall be paid from amounts allocated to the Participant’s dependent daycare flexible spending account, with no reimbursement being made until sufficient funds to cover the reimbursement are available in the account.
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Last day to submit reimbursement requests: April 15th following the Plan Year.
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Enrollment and Coverage Effective Dates Eligible persons must elect or waive benefits during an annual open enrollment period. New employees must elect or waive coverage within 60 days of hire. Participation is on a prospective basis only beginning with the first day of the month following date of hire or qualifying event. No retroactive adjustments are permitted.

Enrollment elections may not be changed until the next open enrollment period, unless provided by State regulation or applicable federal law, for example, HIPAA, §1.125-4 Internal Revenue code section §1.125, or Treasury Regulation.

SOM Medical RFPPart 2 – PageAttachment S-9
Solicitation No. F10B26000457Exhibit 5-3

Exhibit 5-4: Compliance Checklist Representations made by the Offeror 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” contain a drop down list of options. Please select a response from those options as applicable. NOTE: All "No" responses must be addressed in "Exhibit 5-2: Explanations and Deviations.”

Compliance Checklist
Contractor's Response

Yes or No

General Services and Performance

CC-1 F
Section 2.3.1A: The Contractor shall provide TPA services for the FSA plans beginning with the first Plan Year covered by the Contract, expected to be the Plan Year beginning on January 1, 2027. The Contractor will also be required to provide TPA services for each FSA for every Plan Year that commences during the term of the contract including run-out administration of reimbursement requests for expenses incurred during the Plan Year and filed by April 15th.
Choose
Project Activity and Due Dates
CC-2 F
Section 2.3.2: The Contractor shall begin implementation activities including an implementation meeting with the State upon Contract commencement and complete all implementation activities as needed to be prepared to commence services on January 1, 2027. The Contractor shall work with the State to develop a program rollout including a communications plan to increase awareness and promote enrollment in the spending account benefits. Contractor shall follow the Implementation Timeline as noted in Section 2.3.2.
Choose
Account Management Services
CC-3 F
Section 2.3.3A: The Contractor shall provide account management services to the State in connection with the FSA plans such as:
Choose
1. Comprehensive implementation services and support during the initial transition;
Choose
2. Provide ongoing account management services;
Choose
3. Offer support services for the 2026 open enrollment period (for the Plan Year beginning January 1, 2027) and all subsequent open enrollments during the contract term. The Contractor shall provide services in accordance with Exhibit 5-7: Performance Guarantees;
Choose
4. Review drafts of the plan description contained the State’s annual benefits guide within five (5) Business Days of a request from the State;
Choose
5. Accept enrollment and deduction information in the form and format as outlined by the Contract Manager and Stakeholder, which uses the social security number to identify Participants. Generally, enrollment information is sent weekly in an electronic format and Payroll Deduction information is sent bi-weekly or monthly in electronic and/or manual formats.
Choose
6. Contractor shall share the expenses for printing and mailing all open enrollment materials (including virtual open enrollment expenses), such as the benefits guide, universal enrollment forms, and other notices or information included in the enrollment kits. The cost will be shared equally among all benefit plans, including medical, dental, prescription drug, flexible spending accounts, life insurance, and accidental death and dismemberment. The total cost will be shared equally among all benefit plans. Approximate cost is $25,000 per year, per plan.
Choose
7. Contractor shall make remittance payments to the State of Maryland, Department of Budget and Management for open enrollment Materials no later than thirty (30) calendar days after the Contractor's receipt of invoice for open enrollment shared cost. Payments shall be submitted via a separate check payment with an attached invoice, or via electronic payment, as determined by the State. All payments shall be submitted to: The State of Maryland, Employee Benefits Division, Lockbox Services Box #1516, Baltimore, MD 21203, and is subject to change. Documented substantiation of payments is required regardless of the method of delivery.
Choose
8. Attend meetings and training sessions: due to the large number of State employees, a diverse population and numerous employee work locations, the State sponsors annual benefit fairs during each annual open enrollment period. The State may conduct 60 or more open enrollment benefit fairs throughout the State each year to answer employee and retiree questions and enhance engagement in the plans offered. Contractor is expected to provide trained, experienced representatives to attend all open enrollment fairs, in addition to approximately ten(10) to fifteen (15) open enrollment training sessions and approximately five (5) to ten (10) planning sessions (either in person or by conference call). Representatives shall be trained on the State-specific FSA plans.
Choose
CC-4
Section 2.3.3B: The Contractor shall comply with the Red Flags regulations and guidance of the Federal Trade Commission, including but not limited to the regulations in 16 CFR Part 681, as amended from time to time, in connection with administration of the debit card(s) offered and provided to members in the FSA plan(s).
Choose
CC-5
Section 2.3.3C: To the extent that traditional federal or state legal requirements, whether by statute or regulations come into effect related to the administration or offering FSA plan(s) during the contract term, the Contractor shall administer the FSA plan(s) in accordance with such new legal requirements as amended from time to time.
Choose
CC-6
Section 2.3.3D: Contractor shall assume a share of the cost of an annual State-conducted Participant satisfaction survey on its health plan.
Choose
CC-7
Section 2.3.3E: Contractor shall assign a dedicated (but not necessarily exclusive) Contractor Account Executive as described in Section 2.4 of the RFP. The State of Maryland reserves the right to accept or decline assigned personnel for any reason at any time.
Choose
CC-8
Section 2.3.3F: Contractor shall assign a dedicated (but not necessarily exclusive) Contractor Account Service Representative as described in Section 2.4 of the RFP. The State of Maryland reserves the right to accept or decline assigned personnel for any reason at any time.
Choose
CC-9
Section 2.3.3G: Contractor shall provide a dedicated (but not necessarily exclusive) account management team for the State. The State of Maryland reserves the right to accept or decline assigned contacts for any reason at any time.
Choose
CC-10
Section 2.3.3H: Contractor shall provide a dedicated (but not necessarily exclusive) customer service team for the State that is separate from the claim processing unit. The State of Maryland reserves the right to accept or decline assigned contacts for any reason at any time.
Choose
CC-11
Section 2.3.3I: Contractor shall provide a dedicated (but not necessarily exclusive) claim processing unit for the State. The State of Maryland reserves the right to accept or decline assigned contacts for any reason at any time.
Choose
HIPAA Privacy and Security Provisions
CC-12
Section 2.3.4A: By referencing the duties of a Business Associate, the State is not asserting that the Contractor will not be acting as a Covered Entity for the purposes of HIPAA, the HI-TECH Act, and any other law and/or regulation where such a definition is applicable. The Contractor shall be a Business Associate of the State in connection with the Flexible Spending Account plans. The HCFSA plan is subject to the Health Insurance Portability and Accountability Act (HIPAA) of 1996 including all pertinent privacy regulations (45 C.F.R. Parts 160 and 164) and security regulations (45 C.F.R. Parts 160, 162, and 164), as amended from time to time, issued by the U.S. Department of Health and Human Services (DHHS). Although the DCFSA plan is not a health plan subject to HIPAA, the Contractor shall take equivalent steps to make sure that all personal information is protected. If the State elects to move forward with a Commuter Benefit Account, the Contractor shall take equivalent steps to make sure that all personal information is protected in accordance with HIPAA as well as the Maryland Personal Information and Protection Act (PIPA).
Choose
CC-13
Section 2.3.4B: The Contractor shall comply with the Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009, as amended from time to time.
Choose
CC-14
Section 2.3.4C: Pursuant to the HI-TECH Act, Business Associates are subject to additional compliance requirements and are liable for civil and criminal penalties for violations of certain HIPAA security and privacy provisions. In addition to those obligations imposed by federal law, the Contract (in this section of the RFP and Attachment T) requires certain actions and performance by the Contractor in order for the HCFSA plan and the Department as sponsor of the HCFSA to be fully compliant with HIPAA.
Choose
CC-15
In connection with PHI held, created, maintained, or transmitted in connection with the HCFSA and personal data held, created, maintained, or transmitted in connection with the DCFSA, the Contractor shall comply with Section 2.3.4D as noted below:
Choose
1. Retain, maintain, create, transmit and destroy such PHI and personal data in a manner that renders such data and information unusable, unreadable, and indecipherable to unauthorized individuals;
Choose
2. Retain, maintain, create, transmit and destroy such PHI and personal data in a manner fully consistent and compliant with guidance, policies and regulations issued by the Department of Health and Human Services that applies to PHI, also applying such standards to personal data;
Choose
3. Notify the Department of any breach, as that term is defined in the HI-TECH Act, §13400 (1), as soon as practicable, but in any event within ten (10) Business Days; and
Choose
4. Provide, or pay to provide, notice to affected individuals in the form, content, manner, method, and timing to meet the provisions of the HI-TECH Act, §§13400 -13402, in the event of a breach of personal information.
Choose
Section 2.3.4E: Breaches of Unsecured PHI shall comply with the following conditions:
Choose
CC-16
1. A breach shall be treated as discovered in the terms described in 45 CFR §164.410
Choose
CC-17
2. Notice to the Department: Contractor shall promptly notify the Contract Manager of a breach of unsecured PHI without unreasonable delay, and in no case, no later than ten (10) Business Days following discovery of the breach. For purposes of clarity, the Contractor shall notify the Contract Manager of an incident involving the acquisition, access, use, disclosure, or improper disposal of PHI within ten (10) Business Days after discovery of an incident even if the Contractor reasonably believes but has not conclusively determined within that time that the incident constitutes a breach as defined by HIPAA.
Choose
CC-18
3. Notice to Participants: i. The Contractor shall provide notice to affected Members and to the media in the form, content, manner, method, and timing required to meet the requirements of 45 CFR §§164.404 and 164.406, applied as if Contractor were a covered entity in connection with the group plan(s) administered by Contractor pursuant to the Business Associate Underlying Agreement; ii. The notice(s) required by this section may not be issued until the State has reviewed and approved the notice(s). Such approval may not be unreasonably delayed or withheld; and iii) The 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
CC-19
4. Notice to DHHS: i. The Contractor shall comply with the regulations and guidance issued by the federal Department of Health and Human Services on or about August 24, 2009 (74 Federal Register 42740 (08/24/09), available online at https://www.federalregister.gov/), and any future regulations issued by the federal Department of Health and Human services pursuant to the HI-TECH Act, in complying with the HIPAA privacy and security provisions of the RFP and the Contract. The term ‘unsecured protected health information “or “unsecured PHI” shall be interpreted and applied consistent with such regulations; ii. The Contractor shall submit the required breach notices to the Secretary of DHHS on behalf of the Department, the State, the group plan(s), and the Program; and provide a copy of the notice to the Contract Manager.
Choose
CC-20
Section 2.3.4F: The Contractor(s) shall review any guidance from DHHS specifying the technologies and methodologies that render PHI unusable, unreadable, or indecipherable to unauthorized individuals. Contractor 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
CC-21
Section 2.3.4G: Electronic Health Records shall comply with items a-r identified in Section 2.3.4G of the RFP.
Choose
Participant Communications
CC-22
Section 2.3.5A: The Contractor shall provide adequate Participant communications, including the following at a minimum:
Choose
1. Clear instructions for the submission of reimbursement requests;
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2. Clear explanations of reimbursements and denials of reimbursements;
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3. Explanation of benefits communications;
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4. Forms to request reimbursements, customized for State of Maryland HCFSA and DCFSA Participants;
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5. Clear explanations of the reimbursement process, including time frames for submission specific to Grace Period, Run-out Period and end of employment or account termination with target time frames for the issuance of reimbursements; and
Choose
6. Customized quarterly statements of Participant account activity and balances.
Choose
CC-23
Section 2.3.5B: All information and instructions provided by the Contractor to Participants shall be:
Choose
1. Clear instructions for the submission of reimbursement requests;
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2. Clear explanations of reimbursements and denials of reimbursements;
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3. Explanation of benefits communications;
Choose
CC-24
Section 2.3.5C: The Contractor shall bear the costs of providing correct information in the event of miscommunications or mistaken communications.
Choose
Website, Mobile App, and Online Access for Participants
CC-25
Section 2.3.6A: The Contractor shall provide and administer a dedicated website, mobile app (for both Apple and Android devices), and online administration functionality for the exclusive use of State Participants. The website, mobile app, and online administration functionality for Participants shall include, at a minimum:
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1. Encryption and multi-factor authentication to guarantee protection of Participant privacy and confidential data (PHI), personal data and banking information as applicable;
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2. 24/7 access to account balance and claim status;
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3. 24/7 access to accurate and current plan benefits and eligibility information;
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4. Ability to submit reimbursement requests on-line; and
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5. Ability to perform all of the above tasks via mobile app.
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Section 2.3.6B: The Contractor shall ensure content posted on the State’s microsite is in nonvisual compliance as described in Section 3.9, Nonvisual Access. The content of any information on external links that are posted on the State’s microsite shall also be in nonvisual compliance as described in Section 3.9, Nonvisual Access.
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Customer Service
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Section 2.3.7A: The Contractor shall provide a state-of-the-art member and customer service operation (including a dedicated toll-free line) that is available to plan Participants (both in-state and out-of-state) from at least 8:00 a.m. to 8:00 p.m. Local Time, on Business Days.
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Section 2.3.7B: This toll-free customer service line shall be supported by live representatives during the core hours of 8:00 a.m. to 8:00 p.m. Local Time and by an automated voice-response system twenty-four (240 hours a day, seven (7) days a week. Participants (both in-state and out-of-state) can access this system directly to request and review account balances, claim status, funds available and assistance with online access. This operation should comply with PG-1, in "Exhibit 5-7: Performance Guarantees."
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Section 2.3.7C: During call center live hours, the automated voice-response answering system will be an automatic answer system that picks up within 30 seconds and directs Participants into a queue to be serviced and will allow the Participant to opt-out to a live representative at any time during the call. A live service representative (with knowledge of State of Maryland account) shall pick up within 30 seconds or less during call center live hours. The representative must be able to address the members’ concerns.
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Section 2.3.7D: Contractor shall confirm that no administrative functions required under this contract are performed offshore.
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Section 2.3.7E: The Contractor shall permit employees to receive reimbursement for eligible healthcare and dependent daycare expenses for themselves and their eligible dependents and issue Explanation of Benefits (EOB) detail with reimbursement payments. The Contractor shall provide employee notification of account balances quarterly and annually.
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Section 2.3.7F: The Contractor shall send reminder notices to all Participants with account balances as follows:
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1. October 1- reminder that the Plan Year ends December 31.
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2. November 15 - reminder of deadline to submit claims for the current Plan Year. This should include information on the upcoming Grace Period deadline of March 15 and final submission of claims on April 15th of the following year.
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3. February 1 – reminder deadline for Grace Period is March 15th; deadline for submission of Plan Year claims is April 15th.
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4. March 31 - reminder Plan Year claims due April 15th.
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Section 2.3.7G: The member and customer services operation must include:
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1. Knowledgeable staff available to answer questions on plan eligibility, plan guidelines, benefit levels, reimbursement request procedures and status of reimbursement requests.
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2. The ability to maintain an eligibility file that identifies eligible Participants, account elections, account balances, claims filed, and claims paid or denied.
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3. A system for providing Explanations Of Benefits to eligible Participants together with proper reimbursement amounts.
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4. Adequate access to the customer service system for individuals with disabilities. (TTY and online access for deaf individuals, and full-service phone access for blind individuals)
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5. An integrated claims and customer service system enabling both claims and service team members to view all screens.
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Section 2.3.7H: The Contractor shall have a process for resolving any billing or claim errors with a Participant’s claims and the process for Participants to resolve questions or concerns about a reimbursement request.
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Section 2.3.7I: The Contractor shall be able to provide reimbursements using direct deposit to a Participant’s account.
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Section 2.3.7J: The Contractor shall provide Participant support services for educating employees as to benefits of the HCFSA and DCFSA plans and their respective responsibilities.
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Section 2.3.7K: The Contractor is responsible for accurately processing reimbursements on behalf of the State. If an overpayment is made, the Contractor shall:

1.) Send a minimum of three (3) collection letters via mail or email 2.) Maintain and document dates of each collection attempt 3.) If a Member fails to deliver necessary documentation within 60 calendar days, Contractor shall suspend the Member’s debit card and require paper submission for future expenses.

4.) Contractor shall request refunds (pursue overpayments) or offset future manual claims with the Member’s outstanding overpayment.

5.) If the Contractor fails to demonstrate appropriate and efficient recovery efforts, the Contractor shall reimburse the State for the improper payment.

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Section 2.3.7L: Member service operations shall include a system capable of properly suspending debit cards for claims that remain unsubstantiated after multiple requests and a system to ensure that lost or stolen debit cards are not reissued if in a suspended status.
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Section 2.3.7M: With regard to the HCFSA and DCFSA, Contractor shall provide directions for submitting requests for reimbursements for inclusion in the annual open enrollment materials and made available by the Contractor on its website. The directions shall include all necessary information to properly submit claims for reimbursement.
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Section 2.3.7N: For each request for reimbursement in the HCFSA and the DCFSA, the Contractor shall retain a file of all such applications filed by each Participant, with a record of whether the request for reimbursement was approved or denied, the amount of such reimbursement, the means of making the reimbursement (electronic transfer, check, etc.), substantiation of request, and confirmation, if any, of the receipt of the reimbursement.
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Plan Design
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Contractor shall follow the rules for reimbursement requests laid out in Section 2.3.8A, as noted below:
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1. The Contractor shall process reimbursement requests in accordance with the plan design of the HCFSA and DCFSA, all applicable provisions of the Internal Review Code (IRC) governing such arrangements, including without limitation, regulations, rules and guidance issued by the Internal Revenue Service (IRS), and the State’s Cafeteria Plan (i.e. plan design for the FSAs). The Department will provide a copy of the State’s Cafeteria Plan, as amended from time to time, to the Contractor for use in properly reimbursing qualified claims incurred. At all times, the Contractor shall administer the FSA plans and reimburse claims in a manner designed to keep the FSAs compliant with applicable law and the Cafeteria Plan.
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2. Elements of the plan design are provided on Exhibit 5-3.
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3. The Contractor shall be knowledgeable about all applicable IRC requirements including without limitation regulations, rules and guidance issued by the IRS, that relate to the administration and design of flexible spending arrangements. When and if new requirements, regulations, rules or guidance are issued, the Contractor is expected to provide information concerning how such changes may impact the plan and include an implementation plan.
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4. Deadlines for the submission of reimbursement requests must be adequately communicated and applied consistently, in compliance with applicable IRC regulations.
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5. In connection with the HCFSA, the Contractor shall direct the reimbursement to each eligible covered Participant for all medical expenses authorized for reimbursement pursuant to Code Section 105(b) and pursuant to section 9003 of the Affordable Care Act (ACA) provides OTC drugs.
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6. Participants whose coverage ends during a Plan Year will be allowed a 90-day run-out period from date of termination to submit reimbursement requests for eligible expenses incurred prior to the termination date in the applicable FSA.
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7. Unused employee contributions may not be cashed-out or converted to any other taxable or nontaxable benefit.
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8. The Contractor shall pay eligible claims reimbursements to Participants in accordance with the plan description and limits of applicable law.
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9. The Contractor shall provide accounting for deposits and disbursements from each employee's account.
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Contractor shall adhere to the Grace Period provisions noted in Section 2.3.8B.
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The FSA plans shall offer the use of debit cards, as authorized under applicable law, for the processing of reimbursement requests for eligible expenses through the HCFSA and DCFSA per Section 2.3.8C, including the following:
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1. Use of debit cards in connection with the FSA plans must comply with all applicable IRS regulations, rules, and guidance, including Proposed Treasury Regulation § 125-6 (72 FR 42938 et seq. (August 6, 2007), IRS Notice 2007-2 and IRS Notice 2006-69. As additional requirements, regulations, rules and guidance are issued by the IRS and/or Treasury Department, the Contractor shall comply with these guidelines and regulations.
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2. Use of debit cards in connection with the FSA plans must also comply with Regulation E of the Federal Reserve System, as amended, including the preparation and issuance of initial disclosure notices, notices regarding procedure for error resolution, notices on provisions for authorizing one-time transfers, and periodic account statements.
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Contractor shall adhere to the Heroes Earnings Assistance and Relief Tax Act of 2008 as defined in Section 2.3.8D and noted below:
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1. The Heroes Earnings Assistance and Relief Tax Act of 2008 (Heart Act) allows plans to offer “qualified reservist distributions” of unused amounts in HCFSAs to reservists ordered or called to active duty for at least 180 days or on an indefinite basis. See Section 114 of the Heroes Earnings Assistance and Relief Tax Act, codified at 26 USC §125(g) and (h). The State Cafeteria Plan incorporates this benefit to a certain extent by directing that the reimbursement is authorized to each eligible covered Participant for: (i) all medical expenses authorized for reimbursement pursuant to Code Section 105(b), including over-the-counter drugs as defined in IRS Revenue Ruling 2003-102, and (ii) qualified reservist distributions authorized by Section 114 of the Heroes Earnings Assistance and Relief Tax Act, codified at 26 USC §125(g) and (h).
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2. Requests for a qualified reservist distribution must be made in accordance with the same procedures for requests for reimbursements of qualified medical expenses, accompanied by documentation of the call or order to active duty during the Plan Year for a period in excess of 179 days. Offerors are requested to specifically address how they plan to administer these arrangements in their proposals.
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Section 2.3.8E: The Contractor shall absorb the cost of programming any benefit design set-up or changes.
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Reporting
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Contractor shall provide reports as indicated in Section 2.3.9A and below:
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1. The Contractor shall submit all reports to the Contract Manager, Contract Administrator, and EBD Director.
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2. In the case of reports that are provided to the State or the Department through the VPN or other encrypted, secure mechanisms, the Contractor shall provide notice of the delivery and availability through that mechanism to the Contract Manager, Contract Administrator, and EBD Director at the time of delivery and availability.
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No report may be considered received by the State unless the Contract Manager has received a copy of the report pursuant to Section 2.3.9(A)(1) or notice pursuant to Section 2.3.9(A)(2) above.
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3. Copies of reports and notices of availability of reports to the Contract Manager, Contract Administrator, and EBD Director shall be in addition to the party to whom the original of the report is required to be delivered.
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4. When presented for acceptance to the State, a written deliverable defined as a final document shall satisfy the scope and requirements of the RFP for that deliverable.
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5. The Contractor shall deliver to the State or a designee the required management information reporting in a format specified by the State that provides utilization, claims reporting, and administrative services data by subgroup to the State of Maryland.
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Contractor shall provide monthly reporting as noted in Section 2.3.9B and below:
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1. A monthly report showing processed reimbursements, number of enrolled Participants, account balances, and deduction totals for the following groups: State Active Employees and Satellite Account Employees. Report shall be delivered thirty (30) calendar days following the end of the previous month.
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2. A monthly report providing MBE reporting per RFP Appendix 4.
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Contractor shall provide quarterly reporting as noted in Section 2.3.9C and below:
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1. The Contractor shall self-report on each of the Performance Guarantee measurements as defined in Exhibit 5 to the State on a quarterly basis, in the format requested. Report Card shall be delivered in accordance with the timeline outlined in PG-6, in Exhibit 5-7.
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2. Quarterly report that reflects all ineligible claims; the documented collection attempts and the associated claims that have been offset.
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3. Quarterly report for the Dependent Daycare FSA Utilization Tracking
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Contractor shall provide annual reporting as noted in Section 2.3.9D and below:
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1. Annual settlement report, as required by PG-7 in "Exhibit 5-7."
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2. Year end report listing all employees with unrecovered overpayments for tax purposes, including unsubstantiated claims, provided ten (10) calendar days after Plan Year end (see PG-8 in Exhibit 5-7).
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The Contractor shall provide ad hoc reporting flexibility to accommodate up to ten (10) requests annually, at no additional charge. All ad hoc reporting will be in the form and format as requested by the State.
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Claim Processing
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Section 2.3.10A: The Contractor shall accept and assign a unique identification number (that is not a social security number) on all participant communications including claim forms, EOB's and quarterly statements. Contractor shall maintain a cross-reference between a unique identifier number and the social security number.
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Section 2.3.10B: The Contractor shall ensure timely, accurate and prompt processing of claims as well as payment of reimbursements utilizing unique identifiers for all participants.
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Section 2.3.10C: The Contractor shall have procedures in place for recovery of payment errors identified by fraud investigations or audits. Contractor shall recover payment errors and refund them to the State if applicable, regardless of Participant or timing. Contractor shall pay the State any portion due it via a separate check, electronic payment or credit against future expenses, as determined by the State. Documented substantiation of payments is required regardless of the method of delivery.
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Section 2.3.10D: The Contractor shall have a process for resolving complaints in place and operable on the date of contract commencement. Contractor shall investigate and provide written resolution to the Participant within ten (10) Business Days of receipt of the complaint.
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Section 2.3.10E: The Contractor shall obtain the advice and consultation of qualified experts (internal or external, as needed) to review unusual charges or claims at no additional cost to the State.
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Special Provisions
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Section 2.3.11A: The Contractor shall provide the State or its designated representative the right to audit the performance of the plan and services provided. The Contractor shall make available all services, records and access to the auditors at no extra charge. The Contractor shall be given written advance notice of an impending audit. The State or its designated representative shall have the ability to audit operations for each Plan Year. Multiple Plan Year audits may be conducted simultaneously.
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Section 2.3.11B: The Contractor shall pay any recoveries as a result of fraud or an audit, via a separate check or electronic payment, as determined by the State. Documented substantiation of payments is required regardless of the method of delivery. Payments to the State of Maryland Department of Budget and Management shall be made no later than thirty (30) calendar days after the Contractor's receipt of invoice for Fraud or Audit recoveries. All payments, if not made electronically, shall be submitted to: Department of Budget and Management, Employee Benefits Division, P.O. Box 1516, Baltimore, Maryland 21201.
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Section 2.3.11C: The Contractor shall accurately convert State data files, including the State enrollment file, deduction file, and any other relevant files to the Contractor’s data system.
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Section 2.3.11D: The Contractor shall maintain reconciliations between Contractor files and State files.
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Section 2.3.11E: Prior to any change in subcontractors, the Contractor shall request and obtain the State’s approval. The approval must be obtained thirty (30) calendar days prior to the date the Subcontractor provides services. The State should also be notified with a minimum of thirty (30) calendar days’ notice of any removal of subcontractors on record with the State.
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Section 2.3.11F: The Contractor shall provide at least six (6) months’ notice of any major planned systems upgrades or changes (to include claims, customer service, eligibility, corporate operating system).
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Section 2.3.11G: The Contractor shall retain records in excess of the period required by the Contract, if required by State and Federal regulations for health plans and FSAs.
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Section 2.3.11H: The Contractor shall provide necessary legal defense in the event of litigation related to its performance under the Contract. The Contractor agrees to cover all costs associated with legal defense in the event of such litigation.
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Section 2.3.11I: The Contractor shall process reimbursement requests submitted by the Plan Year deadline during the three (3) month and fifteen (15) days claims Run-out Period, at no charge.
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Section 2.3.11J: The Contractor shall 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.
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