Amendment 000002 J.2 Unified_Program_Integrity_Contract_USOW_Appendices.doc

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Unified Program Integrity Contract (UPIC) Federal contract opportunity
Solicitation number
HHSM-500-2015-RFP-0122
Issued by
Department of Health and Human Services Centers for Medicare and Medicaid Services

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Amendment 000002 HHSM-500-2015-RFP-0122

Amendment 000002 HHSM-500-2015-RFP-0122

Unified Program Integrity Contractor

Umbrella Statement of Work Appendices

Attachment J.2

List of Appendices

A. DELIVERABLES

B. MAP OF JURISDICTIONS

C. ACRONYMS

D. RECORD RETENTION

E. DATA SOURCES

F. FREEDOM OF INFORMATION GROUP POLICY AND PROCEDURAL GUIDE

G. MEDICAID POLICIES AND PROCEDURES MANUAL

H. DATA RELEASE POLICIES AND PROCEDURES

I. FPS CHANGE REQUEST FORM

J. STATUES AND REGULATIONS

K. UNIFIED CASE MANAGEMENT DRAFT FUNCTIONAL REQUIREMENTS DOCUMENT

L. ONE PROGRAM INTEGRITY USERS MANUAL

M. PROGRAM INTEGRITY MANUAL DRAFT REVISIONS

N. COST REPORTING

The following Appendices are available on the Internet and are hereby incorporated with the same force and effect as if they were provided in full text herein.

O. BUSINESS PARTNERS SYSTEM SECURITY MANUAL

http://www.cms.hhs.gov/manuals/downloads/117_systems_security.pdf

P. PROGRAM INTEGRITY MANUAL

http://www.cms.gov/Regulations-and-Guidance/Guidance/Manuals/Internet-Only-Manuals-IOMs-Items/CMS019033.html?DLPage=1&DLSort=0&DLSortDir=ascending

Q. DATA USE AGREEMENT (DUA)

http://www.cms.gov/Medicare/CMS-Forms/CMS-Forms/Downloads/CMS-R-0235.pdf

R. SUPPLEMENT TO DUA

http://www.cms.hhs.gov/cmsforms/downloads/cms-r-0235a.pdf

S. CMS ANNUAL FREEDOM OF INFORMATION ACT (FOIA) REPORT

http://www.cms.hhs.gov/FOIA/05_annualreports.asp#TopOfPage.cms.hhs.gov/FOIA/

T. FREEDOM OF INFORMATION ACT (FOIA) REQUEST FORM (CMS FORM 632)

http://www.cms.hhs.gov/FOIA/04_reqfrm.asp#TopOfPage

A. DELIVERABLES

ITEMS TO BE FURNISHED AND DELIVERABLE SCHEDULE

The Contractor shall submit all required reports and deliverables in accordance with the following schedule. Reports and/or deliverables submitted under this contract shall be in accordance with the Statement of Work entitled Unified Program Integrity Contractor Statement of Work. References to “days” indicate “business days” unless otherwise noted. If a deliverable date happens to fall on a weekend or holiday, the deliverable shall be due on the first subsequent business day after the weekend or holiday. References to “quarterly” frequency mean on the 20th of March, June, September, and December after contract award.

Deliverable Schedule

RFP/SOW WPS #
Related SOW Requirement Name
Deliverable Name
Deliverable Description
Frequency
UPIC SOW 4.12
Transition and Implementation Requirements
Jurisdiction Implementation Project Plan
Project Plan for accomplishing the activities necessary to establish and operate a program integrity operation per the requirements of this SOW
Once-within 10 days of contract award
UPIC SOW 4.1.3
Transition and Implementation Requirements
Risk Management Plan
Identifies the jurisdiction wide risks associated with the contractor’s segment workload transition
Once-within 10 days of contract award
UPIC SOW 4.1.4
Information Technology Systems Plan
IT Systems Plan
Description of the UPIC’s data access plan as well as list and description of data the UPIC would be required to access from either CMS or the MAC(s) or plan sponsors
Once-within 10 days of contract award
UPIC SOW 4.2.2
Monthly Status Report
Monthly Status Reports
Summary of Contractor activities over past month
Monthly - The 20th of each month
UPIC SOW 4.3.1
Outgoing Transition Activities
Workload Closeout Project Plan
Identifies plan for outgoing contractor to transition data to the incoming UPIC, and to maintain operational standards during the workload closeout period

Once, 30 days prior to the end of the final contract period of performance.

UPIC SOW 4.3.3
Outgoing Transition Activities
Workload Closeout Risk Management Plan
Assessment of risk and mitigation and contingency planning where appropriate for the transition of its operations and the transfer of Medicare and Medicaid data
Once, 30 days prior to the end of the final contract period of performance.
UPIC SOW 5.1
Identification of Vulnerabilities
Program Vulnerabilities Report
Identifies program vulnerabilities as well as recommended corrective actions to address the vulnerability
Quarterly
USOW 5.1.1
Regional Steering Committee
Regional Steering Committee Agenda
Provides items for discussion, collaboration, guidance, and information sharing on program vulnerabilities and analysis results
Quarterly - Within 30 days of fully operational period and quarterly thereafter
UPIC SOW 5.2.1
Data Analysis and Management Reporting
Data Analysis Project Management Plan - Fully Operational Period
Identifies data issues/projects that are specific to the states in their region
Quarterly - 30 days prior to fully operational period and quarterly thereafter
UPIC SOW 5.2.5
Data Analysis and Management Reporting
Analytic Findings Report
Summarizes the data analysis performed, identifies potential leads that justify further action (also referred to as “actionable”), and provide recommendations for activities that can include further investigation, audit, referral to law enforcement, or administrative action.
Upon completion of analysis
UPIC SOW 5.2.5
Data Analysis and Management Reporting
Data Matching Protocol
Delineates the approach that will be taken to establish the matched datasets
Within 60 days of contract award
UPIC SOW 5.3
Lead Management
Lead Management Report
Identifies a list of leads submitted to CMS on a daily basis

Daily

UPIC SOW 5.3.3
Lead Management Protocol
Lead Management Protocol
An administrative protocol, or triage process, that governs the disposition of leads based on the likelihood of fraud, waste, and abuse identification.
Once - Within 30 days of contract award
UPIC SOW 5.4.3.2
Referral to State Medicaid
Medicaid Findings Report
Report submitted to state outlining the following: Summary of overpayment findings as applicable;

summary of the federal share of overpayments (FFP)(see Constraints/Assumptions section of Task Order for additional detail);

supporting documentation; and CMS cover letter notifying the state of the overpayment and requesting repayment of the FFP Upon completion of investigations

UPIC SOW 5.6
Medical Review Requirements
Medical Review Strategy
Proposed approach to performing Medical Review activities within the jurisdiction
Within 30 days of contract award and then Sem-iannually - on the 20th of June and December thereafter
UPIC SOW 5.7.3
Evaluating Edit Effectiveness
Edit Effectiveness Report
The Contractor shall work with the MAC or other entities to receive reports on the results of edits.
Semi-annually - On the 20th of June and December
UPIC SOW 5.11.2
Educating the Stakeholders
Stakeholder Education Plan
A plan outlining the Contractor's Plan to educate stakeholders about the Contractor’s role in Medicare and Medicaid fraud waste and abuse prevention and detection
Annually - Within 30 days of contract award, and then 30 days after each renewal period.
UPIC SOW 5.11.3
Educating the States
State Education Report
Outlines educational activities conducted and/or planned by state
Quarterly - Within 60 days of contract award and quarterly thereafter
UPIC SOW 7.1.1
Kickoff meeting with CMS
Agenda
Outlines contractor briefing activities
Draft agenda within 5 days after contract award; Final agenda within 1 day after COR comments
UPIC SOW 7.1.1
Kickoff meeting with CMS
Meeting Minutes
Submission of minutes from Kickoff meeting with CMS
Once - Within 3 business days of meeting date
UPIC SOW 7.2
Joint Operating Agreements (JOAs)
Joint Operating Agreements (JOAs) with Stakeholders
Defines roles and responsibilities and creating mutually agreed upon and cost-effective methods to work with and support the Centers for Medicare & Medicaid Services’ (CMS’) mission
Upon final agreement with each stakeholder
UPIC SOW 7.5.3
Access to CMS Systems
Data Use Agreement
Delineates confidentiality requirements of the Privacy Act, implement CMS security safeguards, and explain CMS’ data use policies and procedures. The DUA serves as both a means of informing the Contractor of these requirements and a means of obtaining their agreement to abide by them.
Within 30 days prior to the fully operational phase of implementation.
UPIC SOW 7.7.3
Quality Control Plan
Quality Control Plan
Specifies procedures and resources applied to ensure services meet contract performance requirements to the COR
Once - Within 30 days of contract award
UPIC SOW 7.7.5
Continuous Improvement Program
Continuous Improvement Reports
Outlines continuous improvements and innovations in adapting to unforeseen circumstances and become increasingly effective in achieving its goals.
Semi-annually; on the 20th of June and December.
UPIC SOW 7.8
Cost Reports
Cost Report
A summary of costs incurred (by each USOW section) during the previous month
Monthly - The 20th of each month
UPIC SOW 7.9
Freedom of Information Act Reports
Freedom of Information Act (FOIA) Contractor Summary Sheet
A summary of all FOIA requests within the contract year
Quarterly (only if FOIA requests are received for the quarter being reported)
Award Fee Plan
Award Fee Performance Evaluation Self-Assessment Report
Award Fee Plan
An assessment completed by the contractor on its performance in relation to award fee criteria
Within 15 business days following completion of each award fee period

Recipient Addresses:

Michael Connors Contracting Officer (CO)

Centers for Medicare & Medicaid Services

Office of Acquisition and Grants Management

Medicare Contracts Group

Division of Medicare Support Contracts

7500 Security Blvd, Mail Stop: C2-21-15

Baltimore, Maryland 21244

Email:

Michael.Connors@CMS.HHS.Gov Phone:

410-786-5129 Location:

C2-24-16 Primary Contracting Officer’s Representative (COR) As defined in task order Statement of Work

Alternate Contracting Officer’s Representative (Alternate COR) As defined in the task order Statement of Work

Center for Program Integrity 7500 Security Blvd, Mail Stop: AR-18-50 Baltimore, Maryland 21244

CMS Center for Program Integrity Systems Security Officer

Centers for Medicare & Medicaid Services

CPI

7500 Security Blvd., Mail Stop: AR-18-50 Baltimore, Maryland 21244

Regional Office FOIA Coordinator

TBD

Until the RO FOIA Coordinator is identified, please submit to:

Sam Seidman, Freedom of Information Specialist

Centers for Medicare & Medicaid Services

Freedom of Information Group

7500 Security Blvd, Mail Stop: N2-20-16

Baltimore, Maryland 21244

Fax: 410.786.0474

Phone: 410.786.3327

Small Business Administration (SBA)

CMS Small Business Specialist

Attn: Anita Allen Centers for Medicare & Medicaid Services

Office of Acquisition and Grants Management

Acquisition Support & Policy

7500 Security Blvd, Mail Stop: C2-21-15

Baltimore, Maryland 21244

B. MAP OF JURISDICTIONS

C. ACRONYMS

TERM
Acronym or Abbreviation
Definition
Additional Documentation Requests
ADR
Affordable Care Act
ACA
The Patient Protection and Affordable Care Act
Alert Status Report
ASR
Also known as Alert Summary Records. As Medicare claims are analyzed in FPS using analytic models, the system identifies high-risk claims for individual providers and generates the alerts that are referred to as ASRs.
Assistant U.S. Attorney
AUSA
Authority to Operate
ATO
Business Partners System Security Manual
BPSSM
CMS Access Administrator
CAA
CMS Analysis, Reporting, and Tracking System
CMS ARTS
This database is used by CMS and contractors to track contract actions, cost reports, and some workload reporting.
CMS Data Center
CMSDC
CMS Entitlement, Eligibility, and Enrollment
CME
Medicare eligibility data that is supplied from multiple systems, including MARx, EDB, and MDB
CMS Integrated Security Suite - Federal Information Security Management Act
CISS FISMA
Command Center Rotation
CCR
Common Working File
CWF
The Medicare pre-payment validation and authorization system that forms the cornerstone for Medicare transactions processing. It is the single data source that verifies beneficiary eligibility and provides prepayment review and approval of claims.
Competitive Bidding Implementation Contractor
CBIC
Contracting Officer
CO
Contracting Officer's Representative
COR
Contractor Medical Director
CMD
Corrective Action Plan
CAP
Cost Report
CR
Cost Report Audit
CRA
Cost Report Review
CRR
Data Extract System
DESY
Access method or tool used to view and obtain NCH claims information
Data Use Agreement
DUA
Department of Justice
DOJ
Doctor of Osteopathy
DO
Do Not Pursue
DNP
Drug Data Processing System
DDPS
This is the system from which the Part D prescription drug events are generated.
Durable Medical Equipment
DME
Electronic Submission of Medical Documentation
esMD
An electronic "gateway" that enables providers to send medical documentation to CMS
Enrollment Data Base
EDB
Medicare beneficiary enrollment data including identifiers and eligibility status. A subset of EDB data is found in CME.
Enterprise Data Center
EDC
Federal Bureau of Investigation
FBI
Federal Medical Assistance Percentage
FMAP
A calculation that determines the ratio of matching funds for each state's Medicaid program.
Fee-for-Service
FFS
Field Office
FO
Fiscal Intermediary Shared System
FISS
Fraud Investigation Database
FID
The FID is a nationwide database of Medicare fraud and abuse investigations, cases, payment suspensions and requests for information.
Fraud Prevention System
FPS
A predictive analytic technology that is used to identify and prevent improper claims, starting with Medicare fee-for-service claims.
Fraud, Waste, and Abuse
FWA
Full Time Equivalent
FTE
Generally Accepted Government Auditing Standards
GAGAS
Healthcare Fraud Prevention Partnership
HFPP
A joint initiative established by the Dept. of Health and Human Services and the Dept. of Justice to detect and prevent healthcare fraud by sharing data and information among public and private partners.
Health Care Information System
HCIS
This file contains historical CMS data for development of normative data sets. Data in HCIS is summarized from Standard Analytical Files and contains Medicare Part A and B data based on the type and State of the institutional provider. It can be downloaded or otherwise obtained from www.cms.gov. It is under transition and will be called "CSI" (Claim Summary Information project) to be used for broader purposes.
Health Insurance Claim Number
HICN
Health Insurance Master Record
HIMR
This is an access method, or tool to view CWF claims information. It is available using the claims processing systems.
Health Insurance Portability and Accountability Act
HIPAA
Provisions of HIPAA require HHS to adopt national standards for electronic health care transactions and national identifiers for providers, health plans, and employers.
Healthcare Integrated General Ledger Accounting System
HIGLAS
The CMS integrated general ledger accounting system to account for Medicare payments. HIGLAS replaces the accounting systems that were used by Medicare contractors.
Identity and Access Management
I&A
General term for identity and access management which includes specific systems; IACS and Enterprise Identity Management (EIDM)
Information Security
IS
Information Technology
IT
Integrated Data Repository
IDR
An integral part of the CMS data warehouse strategy to take disparate databases and integrate them for efficiency.
International Classification of Diseases
ICD
Can also be referred to as ICD-9-CM (Clinical Modification) or ICD-10-CM.
Internet-Only Manuals
IOM
Joint Operating Agreement
JOA
Law Enforcement
LE
Local Coverage Determination
LCD
Local Medical Review Policy
LMRP
Medicaid Fiscal Agent
MFA
Medicaid Fraud Control Unit
MFCU
Medicaid Integrity Contractor
MIC
Medicaid Management Information System
MMIS
Medicaid Statistical Information System
MSIS
Medical Doctor
MD
Medical Review
MR
Medicare Administrative Contractor
MAC
Medicare Advantage
MA
Medicare Advantage Prescription Drug Development & Enhancements
MARx
Medicare Appeals Support Contractor
MAS
Medicare Beneficiary Database
MBD
Medicare Drug Integrity Contractor
MEDIC
Medicare Integrity Program
MIP
Medicare-Medicaid Data Match Program
Medi-Medi
Medicare-Medicaid Data Match Program Policies and Procedures Manual
PPM
The "PPM" is the policies and procedures manual specifically for the Medicare-Medicaid Data Match Program (Medi-Medi).
Medicare-Medicaid Enrollee
MME
Memorandum of Understanding
MOU
Multi-Carrier System
MCS
Part B claims processing system used by the MACs.
National Benefit Integrity Medicare Drug Integrity Contractor
NBIMEDIC
National Claims History
NCH
Master file for claims submission, adjudication activities, payment accounts
National Council for Prescription Drug Programs
NCPDP
National Coverage Determination
NCD
National Institute of Standards and Technology
NIST
National Provider Identifier
NPI
National Supplier Clearinghouse
NSC
Master file for DMEPOS supplier information.
Office of the Inspector General
OIG
One Program Integrity system
OnePI
Online Survey, Certification, and Reporting
OSCAR
This is an access method, or tool to view and obtain institutional provider information. OSCAR is being converted to QIES.
Part B National Summary Data File
Previously known as "BESS"
Summarized Part B data plus procedure and modifier codes. This file can be used for benchmarking purposes. It is updated only once per year. These files can be downloaded from www.cms.gov.
Part B Provider Extract File
PROV BX
Personal Health Information
PHI
Personally Identifiable Information
PII
Prescription Drug Events
PDE
Refers to Medicare Part D Prescription drug events
Pricing, Data Analysis and Coding Contractor
PDAC
Program Integrity
PI
Program Integrity Data Users Group
PIDUG
Program Integrity Manual
PIM
The “PIM” specifically means the Medicare Program Integrity Manual.
Policies & Procedures Manual
PPM
“PPM” refers to the UPIC Medicaid Program Integrity Coordination Policies and Procedures Manual
Program Safeguard Contractor
PSC
Provider Enrollment, Chain, and Ownership System
PECOS
Provider of Services
POS
This file contains an individual record for each Medicare approved provider and is updated quarterly.
Provider Outreach and Education
POE
For purposes of this SOW, POE is a functional area of the MAC that provides education to the provider when questionable practices that do not appear to have fraudulent intent are found.
Provider Transaction Access Number
PTAN
Qualified Independent Contractor
QIC
Quality Control Plan
QCP
Quality Improvement Evaluation System
QIES
OSCAR is being converted to QIES; OSCAR standard and user-defined reports are available in QIES. This system is also referred to as the Health Care Quality improvement System.
Quality Improvement Organization
QIO
Regional Office
RO
Registered Nurse
RN
Senior Medicare Patrol
SMP
State Medicaid Agency
SMA
Statement of Work
SOW
Subject Matter Expert
SME
Systems Advisory Board
SAB
Task Order Statement of Work
TO SOW
Tax Identification Number
TIN
Technical Reference Architecture
TRA
Transformed Medicaid Statistical Information System
TMSIS
Trusted Third Party
TTP
A Trusted Third Party is included in the HFPP to provide the technical and operational platform to support the partnerships' data sharing, collaboration, and study outreach activities.
Umbrella Statement of Work
USOW
Unified Case Management system
UCM
A central repository to track and establish transparency in Medicare and Medicaid program integrity activities and contractor workload; monitor priorities; and measure outcomes. The UCM system will be within the OnePI portal.
Unified Program Integrity Contractor
UPIC
Viable Information Processing Systems
VMS
Virtual Data Center
VDC
Virtual Private Network
VPN
Work Breakdown Structure
WBS
Workflow Management System
WFMS
Zone Program Integrity Contractor
ZPIC

D. RECORD RETENTION

1 - General Requirements

The Unified Program Integrity Contractor (UPIC) shall establish and maintain a continuing program for the economical and efficient management of records. The UPIC’s records management program must provide for:

· Effective controls over the creation, organization, maintenance, use, and disposition of all the Centers for Medicare & Medicaid Services (CMS) health insurance claims and non-claims records.

· Development and application of standards, procedures, and techniques designed to ensure the maintenance and security of records of continuing value, and to facilitate the segregation and disposal of all records of temporary value. The UPIC should (1) provide for the continued analysis and improvement of record classification and indexing systems, the use of filing equipment and supplies, and the reproduction and transportation of records, and (2) ensure that records are maintained economically and efficiently for maximum usefulness.

· Physically safeguarding identifiable personal information (Privacy Act (PA)) and protected health information (Health Insurance Portability and Accountability Act of 1996 (HIPAA)).

· Storage and servicing of records in a safe and secure environment that meets the requirements outlined in 36 FR 1228.222.

The files established by the UPIC should be available for periodic review by CMS. In addition, all records and procedures documenting the UPIC’s programs for controlling the creation, maintenance, and use of current records, for the selective retention of records of continuing value, and for the disposal of non-current records, should be available for periodic review by CMS.

1.1 - Description of Records Maintained

1.1.1 - Claims Records

These are government records, including government-issued standard forms and other forms, documents, and statements needed to support claims. Such records are maintained by the affiliated contractor and Medicare Administrative Contractor (MAC) in accordance with instructions regarding retention, transfer, destruction, and other disposition of claims materials.

1.1.2 - Non-Claims Records

These are materials not needed as supporting documentation of a claim, such as used worksheets, extra copies, electronic data processing (EDP) listings, and general correspondence not related to specific pending or processed claims.

1.1.3 - Fiscal and Administrative Records

These are materials not included as claims or non-claims records.

1.1.4 - Microform Records

This includes any form containing micro-images (e.g., microfilm and microfiche).

1.1.5 - Electronic Records

This includes any information that is recorded in a form that only a computer can process (e.g., optical image and scanned images).

1.2 - Definition of Files

Files are basically papers, folders of papers, photographs, photographic copies, magnetic tapes, or other recorded information regardless of physical form or characteristics, accumulated or maintained in filing equipment, boxes, or shelves, and occupying office or storage space. Stocks of publications and blank forms are not included in this definition.

2 - Implementing Files Management Program

Adequate records management controls over the creation of UPIC files must ensure that important policies and decisions are adequately recorded, routine operational paperwork is kept to a minimum, and the accumulation of unnecessary files is prevented. Effective techniques in this area include the application of systems for the control of correspondence and forms, the minimizing of duplicate files, and the disposal without filing of transitory material that has no value for record purposes.

The following actions are generally basic to such a files management program, which each UPIC is expected to establish.

1. Standardize classification and filing schemes to:

· Achieve maximum uniformity and ease in maintaining and using program records

· Facilitate disposal of records in accordance with applicable records disposal schedules

· Facilitate possible later consolidation of identical type files presently maintained at different locations

2.

Formally authorize official file locations. Prohibit the maintenance of files at unauthorized locations.

3.

Standardize reference service procedures to facilitate the finding charge out, and refiling of records.

4.

Establish and implement standards and procedures issued by CMS for:

· Classifying, indexing, and filing records

· Providing reference services to filed records

· Locating active files to facilitate use of the records

· Reviewing the program periodically to determine the adequacy of the system and its effectiveness in meeting requests

5.

Ensure that the standards, guides, and instructions developed for the files management program are readily available to all employees concerned with the files operations. In addition, pertinent information for users of files and reference services should be given the widest possible dissemination.

6.

File accumulations of papers received at file locations on a daily basis.

7.

Audit periodically a representative sample of the files for duplications, misclassification, or misfiles.

The methods used in maintaining, using, and disposing of these files vary with the UPIC. These methods depend on the filing and control methods established (e.g., health insurance claim number, date, name, or other sequence) to record requests from beneficiaries and others; to furnish replies; to check on overdue cases; to control cases for completion of processing; to control cases requiring some type of investigation or additional documentation; to retain completed cases for history or other reference; to maintain records for audits; and to schedule records for transfer to other storage areas. Other variances may be due to computer or clerical practices, workload volume, and other considerations.

3 - Microfilming and Imaging of Files Material

UPICs are authorized to microfilm/image files material such as computer printouts, canceled checks, and financial records. UPICs are not authorized to destroy original source documents, but are permitted to transfer an accumulation of these documents to an onsite/offsite storage facility after microfilming/imaging and verification of the quality and completeness of the film. The accumulation period may be daily, weekly, or monthly, depending on volume. When microfilming material, UPICs shall follow the procedures below. For imaging, UPICs shall follow parallel procedures to microfilming. UPICs shall ensure the integrity of imaged documents with appropriate procedures to scan, index, retrieve, and read or access documents for the life of the record.

3.1 - Microfilming Procedures

3.1.1 - General Authenticate each roll of film containing reproductions of Medicare claims records by including certifications of authenticity at the start and at the end of the filmed documents. The UPIC produces these certificates and target cards as needed. Camera operator completes a report for each roll that is microfilmed. Film claims records without attachments (e.g., coding sheets) overlaying data on the record. If data on the attachment are needed for reference purposes, film them separately.

To ensure that the camera is working efficiently, film a microcopy resolution test chart on the first roll in the morning and the first roll in the afternoon. Give these rolls priority processing so that any camera malfunction is discovered as soon as possible.

3.1.2 - Normal Filming

Film the start certificate after any target (or flash) cards that identify or index the documents on the film and before the records are filmed. Film the end certification after the last document and before any end target card. Retain documents in the order they were filmed for ease in reviewing the processed microfilm roll.

3.1.3 - Corrections

If the camera operator notices that a document has been incorrectly filmed due to being twisted, folded, or torn, photograph a correction card right after the incorrect document.

3.1.4 - Filming Retakes and Additions

When the processed microfilm roll is reviewed, some documents may be illegible or incorrectly photographed. Other documents may have been out of file or omitted at the time of original microfilming. Re-photograph these documents and splice onto the front end of the completed microfilm roll. If splicing is not practical, maintain the retakes and additions as a separate microform roll. Photograph a start or retake or addition card immediately before the documents to be re-photographed are added. Photograph an end of retake or addition certificate immediately after the last document to be re-photographed is added.

3.2 - Index Label

Affix an index label to each roll microfilm container (e.g., box, cartridge). This label lists the contents of the roll microfilm and provides reference markers. It lists the normal filming and the retakes and additions.

3.3 - Retention and Destruction of Microfilm

3.3.1 - Master Microfilm

After producing the number of copies of the microfilm required for reference purposes, the UPIC retains the master microfilm as a security file. Store it at an off-site location so that copies may be made in the event the reference copies are destroyed. Dispose of the master microfilm at the time the storage facility disposes of the hard copy contained on the film.

The UPIC need not maintain a master microfilm security file of records such as computer printouts when complete computerized backup data are retained.

3.3.2 - Copies of Microfilm

Retain one copy of the microfilm as a record copy. Store it onsite so that it may be used for reference purposes. Dispose of the record copy with the master microfilm.

The UPIC may dispose of any other reference copies of the microfilm 2 years after the end of the calendar year in which the documents were filmed. These copies may be retained for a longer period if they are needed for reference purposes, but no longer than the master microfilm.

3.3.3 - Destruction of Microfilm

Destroy microfilm by shredding, as this method provides the most complete destruction of the data on the film. Other methods of destroying film, such as exposure to extreme heat or boiling, do not eradicate the data as completely or efficiently. Shredders exist that can destroy both film and reels. Retain cartridges or magazines that contained the microfilm for reuse because of the high cost of replacement. If an UPIC does not have a shredder and purchase of a shredder is not cost-justified, check local sources such as microfilm equipment vendors, microfilm service bureaus, banks, and insurance companies for a shredder that it can use to destroy its film. If a shredder cannot be located, contact the Primary COR and Alternate COR for assistance.

4 - Procedures for Transfer of Material to a Storage Facility

When the retention period has elapsed for a block of files, materials, or canceled checks, the UPIC should prepare the records for shipment. The standard cartons that are used to ship such materials may be purchased directly from the General Services Administration (GSA) warehouses and self-service stores or the PCS can purchase from their own supply source.

When contacting the appropriate GSA supply source for the cartons, the UPIC presents the letter of authorization, signed by the regional representative, which authorizes the UPIC to purchase directly from GSA.

4.1 - Packing and Labeling of Records for Transfer

Pack records in the boxes in the same manner as they are arranged in the file cabinets. Each box equals 1 cubic foot. Do not jam records into the cartons. Boxes usually do not have preprinted labels.

When the UPIC arranges the records being transferred to the storage facility in other than a consecutive claim number or date sequence, such arrangements should include necessary identification and sequencing to facilitate reference to an individual record with a minimum of effort. Specifically, when the sequencing of material in the carton is by terminal-digit grouping, alphabetic grouping, or date-paid grouping, arrange each major grouping so as to facilitate the location of an individual case. Such arrangement may require some additional sorting by the UPIC.

Depending on local filing practices and volume, this may be based on sorting of an additional digit, letter, or other factor, where the volume of records being transferred renders the current major grouping too large and cumbersome for ready reference. Recall of records from the storage facility could then be accomplished with a minimum of time and manpower requirements.

Staple or attach all individual documents related to a specific record in an acceptable manner. In cases where staples have been removed (i.e., microfilming), make special arrangements to facilitate ready referral and recall of the complete claim number material.

4.2 - Preparation of Transmittal Document

Although Federal Record Centers (FRCs) are no longer used to store contractor records, UPICs shall continue to use Standard Form (SF) 135 Records Transmittal and Receipt for record keeping purposes. To reduce postal costs, use first class mail rather than a more expensive postal service such as airmail or special delivery when shipping to an offsite storage facility.

4.3 - Shipment of Records

UPICs that are located near the offsite storage facility may use trucks owned by the storage facility to pick up the records, depending upon the local arrangements with each storage facility.When shipments are made by commercial motor freight, to get lower tariff rates UPICs shall include the following statement on each bill of lading: “Transportation, hereunder, for the Department of Health and Human Services, and the actual total transportation charges paid to the UPIC by the consignor or the consignee are assignable to, and are to be reimbursed by the Government.”

5 - Temporary Agency Policy

Effective 1992, the Department of Justice (DOJ) required CMS to preserve all current and future Medicare claims payment records indefinitely (MSP cases). Contractors were notified to cease the destruction of all hard-copy Medicare claims/payment records. Federal Records Centers would no longer accept additional records for storage from Medicare contractors. Contractors are to assume responsibility for the storage of these records, either onsite or by procuring offsite storage.

Contractors must submit a written request to their Primary Contracting Officer’s Representative (COR) for temporary relief from using an offsite storage facility that does not meet federal facility standards. This request will be forwarded to the CMS Records Officer for processing. CMS expands the freeze from MSP files only to include all Medicare records.

Regulations

· 36 CFR Part 1222 (Creation and Maintenance of Federal Records)

· Section 1222.48 (Data Created or Received and Maintained for the Government by Contractors)

· Part 1228 (Disposition of Federal Records)

· Section 1228.152 and 1228.224(1)&(2) (Federal Facility Standards)

· Part 1230, Subpart D (Standards for the Storage, Use, and Disposition of Microform Records)

· Section 1234.32 (Retention and Disposition of Electronic Records)

· Section 1234.34 (Destruction of Electronic Records)

Statutes

· 44 U.S.C., chapters 2904, 3101, 3102, 3103, and 3133

· 5 U.S.C. 522 (Freedom of Information Act)

· 5 U.S.C. 552a (Privacy Act)

· Public Law 104-191 (Health Insurance Portability and Accountability Act of 1996)

The UPIC shall continue to box and identify the records in accordance with the Federal Records Center and CMS’ requirements. Since no records will be stored at the FRC, provisions must be made to store these records onsite. If this is not feasible, commercial facilities most closely approaching federal standards must be utilized. Measures must be taken to ensure the protection of these records from fire, theft, and deterioration; to avoid scandal and harm to the government; and to safeguard personal indicators.

If it is difficult to locate a storage facility that meets the federal requirements, submit a written request for temporary relief from the requirements for 1 year to the CMS Project Officer/Regional Office who in turn will submit to the CMS Records Officer for processing. If after 1 year a facility is not found, contractors must submit a letter outlining what actions have been taken and request an extension for relief from these standards.

Offsite storage may be procured and should be handled within the current budget.

6 - Retention of Records

6.2 - Records the UPIC Shall Retain For 10 Years

The UPIC shall retain the following records for 10 years:

· Cost Reports and Administrative Budget Estimates - Form 1524 and attachments, contractor’s initial budget requests, supplemental budget requests, notice of budget approvals, interim expenditure reports, final administrative cost proposals, supporting schedules correspondence, and audit reports.

· Program Integrity (PI) Documentation & Files – Files/documents shall be retained for 10 years. However, files/documents shall be retained indefinitely and shall not be destroyed if they relate to a current investigation or litigation/negotiation; ongoing Workers’ Compensation set aside arrangements, or documents which prompt suspicions of fraud and abuse of overutilization of services. This will satisfy evidentiary needs and discovery obligations critical to the agency’s litigation interests.

· PI Manager - Provider education letters, 100% prepay warning letters, various reports (e.g., Carrier MR Report (MRS1), focused MR status (MFSR), ratio reports, and provider list reports for Comprehensive Medical Review (CMR)), provider audit lists, post payment claims determinations, medical records, and correspondence.

· All documentation the UPIC solicits from providers - The UPIC shall retain a copy of all documentation submitted after claims submission for 10 years.

The UPIC shall return completed appeals files to the affiliated contractor. The UPIC does not need to maintain copies of the entire file. The UPIC may retain copies of the appeals file for as long as it deems necessary.

E. EXAMPLES OF MEDICARE AND MEDICAID DATA SOURCES

CMS Data File
File Contents
Type of Access
Schedule
National Claims History (NCH) File
Master file for claims submission, adjudication activities, payment accounts
Feed into One PI
Daily/Weekly updates
Enrollment Data Base (EDB)
Beneficiary enrollment data including identifiers & eligibility status.
Feed into One PI
Daily updates
EDB Workbench
Access method to view and obtain beneficiary information.
Feed into One PI
Daily updates
Provider Enrollment Chain of and Ownership System (PECOS)
Provider and supplier data
Authorized access and feed into One PI
Daily updates
Unified Case Management System (UCM)
Cross-reference to determine providers being reviewed for fraudulent activities.
Authorized access
Online access as needed
Common Working File (CWF)
Access method to view CWF claims information.
Feed into One PI
Daily updates
MCS Claims
Claims data that is used to adjudicate a claim by the MAC.
Authorized access
Daily updates
FISS Claims
Claims data that is used to adjudicate a Part A claim by the MAC.
Authorized access
Daily updates
MAC Beneficiary File
Beneficiary information that is used to adjudicate a claim by the MAC.
Feed into One PI
Daily updates
NPI Crosswalks
Provider data including identifiers (not only Medicare); official source of the National Provider Identifier mandated by HIPAA.
Feed into One PI or query online
Daily updates
MARx
Data on enrollment/disenrollment

transactions associated with Part D

Feed into One PI
Daily updates
CWF
Medicare beneficiary and claims data, including MSP data and other data needed to substantiate claims.
Feed into One PI
Daily updates
Prescription Drug Event (PDE)
Medicare prescription drug data
Feed into One PI
Daily updates
Pharmacy Reference
National Drug Code (NDC); First Data Bank (FDB); and Medispan MDDB
Feed into One PI
Daily updates
Common Medicare Environment (CME)
Medicare Eligibility data
Feed into One PI
Daily updates
EDB Workbench
Access method to view and obtain beneficiary information.
Authorized access
Online access as needed
Medicare Physician Identification Eligibility Record (MPIER)
Provider data including identifiers.
Obtain file
Quarterly
Provider of Services (POS)
All Medicare institutional providers.
Obtain file
Quarterly
OSCAR
Access method to view and obtain institutional provider information.
Authorized access
Online access as needed
Part B Extract and Summary System (BESS)
Summarized Part B data plus procedure and modifier codes.
Obtain file
Online access as needed
National Supplier Clearinghouse File
Master file for DMEPOS supplier information.
Obtain file
Monthly
CMS Customer Information System (HCIS)
Five years of historical CMS data for development of normative data sets.
Obtain file
Online access as needed
CWF (HIMR)
Access method to view CWF claims information.
Authorized access
Online access as needed
MCS Claims
Claims data that is used to adjudicate a claim by the MAC.
Obtain file
Monthly
MAC Provider File
Physician information that is used to adjudicate a claim by the MAC.
Obtain file
Monthly
Provider 1099 data
Tax information on providers.
Obtain file
Annually
VMS Reports
Specified Management Reports produced by VMS.
Obtain report
As produced by VMS
MCS Reports
Specified Management Reports produced by MCS.
Obtain report
As produced by MCS
FISS Claims
Claims data that is used to adjudicate a Part A claim by the MAC.
Obtain file
Monthly
HCRIS
Hospital Cost Reporting Information System.
Obtain file
Quarterly
SNCRIS
Skilled Nursing Facility Cost Reporting Information System.
Obtain file
Quarterly
HIGLAS
Medicare data on accounts payable and receivable, and on claims processed (contractor transitions will be complete by 2011).
Authorized access
Access as needed

Examples of Medicaid Data Sources

Medicaid Data File
File Contents
Compromised claims files
Adjustment history of paid claims.
MMIS Medicaid Claims Files
Master file for claims submission, adjudication activities, payment accounts.
MMIS Medicaid Provider File
All Medicaid Providers.
MMIS Medicaid Eligibility/Enrollment File
All Medicaid Eligibility Beneficiary History file for residence.
Return mail files
Use to check claims returned to Medicaid due to “address unknown,” “moved,” or other.
Excluded provider files (including OIG sanctioned provider database access)
Nationwide database of providers suspended, excluded, or terminated from the Medicare or Medicaid programs.
Fee Schedules
Fee schedule data that includes lab, physician, DME, ASC, institutional providers.

Examples of Non-CMS Data Sources

Non-CMS Data File
File Contents
Provider credential files
Credential verification that can be matched to Medicare providers.
Beneficiary/provider death files
Dates that can be matched to claims or can help ensure providers or beneficiaries exist.
Computerized background search files
Files provide ownership, license status of physicians, size of operation, equipment, real estate, and litigation pending.
Computerized residential and business address files
Used to assess that the provider is bona fide.
Healthcare Integrity and Protection Data Bank
A data collection system offering valuable info on adverse actions taken against health care providers, suppliers and practitioners.
National Insurance Crime Bureau files
Database of individuals who are or have been involved in health care fraudulent activities.
National Practitioner Data Bank
File containing information about practitioners' licensure, professional society memberships, medical malpractice payment history, and record of clinical privileges.
State Licensing Board Links
Public access files for verifying licensed practitioners in each state. Public access files for verifying excluded individuals and entities in each state.

F. FREEDOM OF INFORMATION GROUP POLICY AND PROCEDURAL GUIDE

Office of Strategic Operations and Regulatory Affairs

Freedom of Information Group

Policy and Procedural Guide

ADMINISTRATION OF THE FREEDOM OF INFORMATION ACT

Section

Title

Page 0501-1-00

PURPOSE

0501-1-05

POLICY

0510-1-10

GENERAL INFORMATION

0501-1-15

RESPONSIBILITY

0501-1-20

ADMINISTRATIVE PROCEDURES

0501-1-25

FEES FOR SERVICES

Exhibit H INTERMEDIARY/CARRIER/CENTRAL OFFICE COMPONENT

SUMMARY SHEET FOR THE CMS MONTHLY FOIA REPORT

Exhibit I CMS MONTHLY FOIA REPORT

Exhibit J

FREEDOM OF INFORMATION REQUEST LOG

[FOIA GROUP PAGE 1]

0501-1-00

PURPOSE

This Guide describes the CMS procedures for administering the Freedom of Information Act (FOIA) (5 U.S.C. 552). It conforms to and delineates for CMS the DHHS FOIA regulations published in the Federal Register by the Office of the Assistant Secretary for Public Affairs on

November 25, 1988.

Revision Date: February 2003

(Replaces CMS Administrative Issuances System Guide CMS.g:0501-1. March 30, 1984..Public Affairs. Administration of the Freedom of Information Act)

[FOIA GROUP PAGE 2]

0501-1-05

POLICY

A.

This Guide represents CMS policy for administering and implementing the Freedom of Information Act (FOIA). It supplements and is in full compliance with the Department's Freedom of Information Act Regulation (45 C.F.R. Part 5) and the CMS FOIA Regulations at 42 CFR 401.101 et seq.

B.

Any instructions to CMS components not in compliance with this issuance are null and void. All supplements to this issuance must be cleared with the Director, Freedom of Information Group in order to ensure uniformity of procedures, as well as consistency with the law and regulations.

0501-1-10

GENERAL INFORMATION

A.

Scope The Freedom of Information Act (FOIA) requires that most records in the custody of the Centers for Medicare & Medicaid Services be made available to the general public when requested. The Act does not apply to materials specifically prepared for public distribution or sale, e.g., press releases, speeches, fact sheets, listings (names and business addresses) of Medicaid and/or Medicare providers, MMACs, RADARs, information brochures, any publication which has been assigned a CMS, Health and Human Services, Government Printing Office or National Technical Information Service (NTIS) publication number.

The FOIA covers records (paper or electronic/tape) only. It does not cover information which may be requested and imparted orally or in writing. For example, requests for dates, addresses, figures such as the Medicare enrollment for a state, which need not be responded to with the production of a document are not FOIA requests. Such requests should be directed to the proper public inquiries office.

Similarly, coverage inquiries by providers may not always be best resolved through the FOIA. They may often be handled most appropriately through the provider relations office or its equivalent.

B.

Authority to Release/Deny With the exception of the documents listed in sections C, D and E below, all requests for records which are received anywhere in CMS will be forwarded immediately to the Freedom of Information Group (FIG), in the manner described in Section C under Administrative Procedures. Only the Director, FIG can decide on release of non-excepted records, or the full or partial denial of any request. FOIA exemptions are shown in Exhibit G. Requesters may appeal a decision to withhold all or part of the records requested. Only the Administrator or Deputy Administrator of CMS can rule on appeals of denials made under FOIA. The CMS procedure for handling FOIA requests is depicted graphically in Exhibit A. The CMS and Department FOIA policy permits certain categories of records to be released by the contractors and components/regions. When directly releasing records the cover letter to the requester should include pertinent information (e.g., no documents found in response to a specific item in the request, certain pages are of poor quality, or no better copy could be located).

C.

Direct Release of Routine Records

The first category of exceptions (identified herein by the prefix “I”) includes those types of records whose routine release continues to be a policy of the Department. Thus, requests for the following will be directly released by any CMS component or its contractors:

I.1 -- Provider Cost Reports and Back-up Data

(Forms 339, Cost Report Reimbursement Questionnaires and working trial balances are not part of the cost report. Do not directly releasable these documents; send them to FIG for disposition.)

I.2 -- Budget Methodology (from OBRA 87)

I.3 -- DME Reimbursement Calculations (as per OBRA 87)

I.4 -- All Policy Issuances, Provider Bulletins Prepared for Distribution to the Provider Community, “Numbered” Program Memorandums (Including Intermediary and Carrier Letters and CMS Transmittals)

I.5 -- Provider Cost Data Tapes (from Cost Reports)

Directly release data arrays used to formulate routine cost limits for providers (include provider name, number, address, bed size, HI days, per diem and cost limit).

I.6 -- Profiles of Customary Charges, Compilations of Prevailing Charges or Fee Schedules

Remove the frequency field when releasing profiles of customary charges that identify individual practitioners. Remove personal identifiers from backup data for prevailing charges - unless the profiled practitioner is also the FOIA requester. Provide profiles of customary charges free of charge once per year to each practitioner who requests his or her own profile.

I.7 -- Lists of Medicare Contractors, Providers and Suppliers, including

Provider Numbers.

I.8 -- CMS Manuals

The receiving component or contractor will meet requests for portions of manuals. If the request is for a complete manual, refer the requester to the Superintendent of Documents, Government Printing Office, P.O. Box 37194, Pittsburgh, PA. 15250-7954. (Phone Number: (202) 512-1800; fax number: (202) 512-2250), or to the nearest Regional Depository.

I.9 -- Hospital Diagnostic Related Group (DRG) Reports.

I.10 -- Statistical Prospective Payment Data

Release as provided in Regional Office guidance.

I.11 -- All Material Listed in the FOIA Index

The Index is a listing required by the Act, of all final opinions, orders made in the adjudication of cases and statements of policy and interpretations which have been adopted by the Agency but are not published in the Federal Register. The Index is published in the Federal Register and can be purchased from GPO.

I.12 -- Documents Addressing Medicare Coverage Issues.

Release documents listing and/or describing acceptable diagnostic/procedure codes, rate schedules, covered services. Do not release documents that contain any internal claims processing guidelines, service frequency and/or dollar limits.

I.13 -- Summary Provider Statistical and Reimbursement (PS&R) Reports

I.14 -- FOIA Request(s) Made by Other Requesters

Release the name of the FOIA requester. Do not release home addresses and phone numbers.

D.

Regional Office Authorized Direct Releases

The second category of exceptions (identified herein by the prefix “II”) includes those records that Medicare contractors may release when instructed to do so by their Regional Office.

II.1 --

Data that contrast a contractor's performance with the performance of any other contractor, or which compare a contractor's…

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