Response to Offeror Questions document.pdf

Response to Questions

RFP#25RFP18085

1. Is the State of South Dakota seeking to utilize a QIO-like entity for the work outlined in this Request for Proposal to be able to capitalize on being able to draw federal match dollars?

a. Anyone is welcome to apply.

2. Is the Prime Contractor required to be a QIO or QIO-like entity?

a. No

3. There is no contract amount identified. What is the maximum amount?

a. While no specific budget has been allocated to this contract, we are currently seeking competitive bids to ensure we are receiving the best value for the services provided.

4. What was the current vendor’s total contract dollar amount for the last NCI survey cycle?

a. The most recent contracts for the surveys can be found at the following links

i. NCI-AD: https://open.sd.gov/contracts/19/6193-609-002%2024.pdf

ii. NCI-IDD: https://open.sd.gov/contracts/19/6191-609-003%2026.pdf

5. Is this a fixed-price, cost-plus or time-and-materials contract? What type of contract is this?

a. This is not a fixed contract type at this stage. The state prefers a hybrid model -a fixed price per survey combined with time-and-materials for additional services.

However, the final contract type will depend on the proposals received and negotiated terms. All contract types will be considered.

6. For the family surveys, do 400 surveys need to be completed per survey type this upcoming year or is there a focus on only one family survey type per year?

a. For the IDD In-Person survey, a sample of names will be pulled and out of that sample, 400 surveys will need to be completed.

b. For the IDD-NF survey, approximately 1400 will be mailed out and 25-30% response rate is needed.

https://open.sd.gov/contracts/19/6193-609-002%2024.pdf https://open.sd.gov/contracts/19/6191-609-003%2026.pdf

7. In the past NCI-IPS survey cycle, what is the percent that were conducted in-person as opposed to remote?

a. For the 24-25 NCI-AD survey cycle 13.29% were conducted in person. The remaining were conducted remotely.

b. For the 2024-2025 NCI-IDD survey cycle, 52.86% were conducted in person. The remaining were conducted remotely.

8. For in-person surveys, is there a certain time of the year when this type of survey is more likely to be conducted due to the climate/weather?

a. This varies from year to year; however, snowfall during the winter months

(November through April) may make travel during these months less desirable.

9. Please provide the total number of people served in each city for the aging and IDD population.

a. Aging- See Exhibit 2

b. IDD – See Exhibit 3

10. Is online direct entry used for family surveys?

a. No

11. Is there a mail option?

a. For NCI-AD and NCI-IDD surveys are conducted in-person, via secure video, or by phone.

b. The NCI-NF is mail in only.

12. Please confirm that successful vendor should provide these [project] plans after contract award.

a. Offerors are encouraged to submit an estimated proposed timeline based on previous experience with similar projects.

13. Please confirm that the Vendor is not responsible for the cost of NCI training performed by HSRI.

a. The vendor will not incur a fee for the training; however, the vendor will be responsible for compensating surveyors for their attendance. The NCI National

Team (a collaboration between HSRI and partner agencies) develops and delivers the training remotely approximately 4 weeks before the survey interviews are scheduled to begin. The training is included in the cost of participation which is paid by the State as part of their participation in the NCI survey.

14. Is training to be provided remotely or in person?

a. The surveyor training is a combination of self-paced and live training. The live training is conducted remotely via webinar.

15. Please provide an estimate of the total hours required for HSRI and any other required state training.

a. Training includes asynchronous and synchronous trainings with in-depth review of: the NCI-IDD and NCI-AD program, survey administration protocol and procedures, and the survey tool. The time to complete the training is approximately 6 hours. Surveyors must pass a knowledge check during the online asynchronous training with a score of at least 80%. New surveyors should complete a practice survey and achieve acceptable inter-rater reliability scores, and new surveyors typically shadow and are shadowed by more experienced surveyors for their first several NCI surveys. The vendor must provide training on its own policies and procedures and other logistical matters such as payment, scheduling, data transmission, etc.

The live webinar is approximately one hour and the online training usually takes about 3.5 hours.

16. Please confirm that the State will work with the vendor well before July 1 start date to plan and pull samples for the NCI-AD, NCI-ID, and NCI-NF groups.

a. The State confirms their intent to pull samples before July 1st. This specific method for sampling may vary for each survey; however, the method will be agreed upon by both parties and approved by NCI partners.

17. If possible, please indicate the month in which the State typically begins coordination of sampling tasks with the vendor.

a. Historically, in January of the preceding year; however, earlier in the survey cycles is preferred. Surveys may not be conducted before July 1st.

18. For the NCI-NF survey, please provide the sample size that was used in each of the past

3 years.

a. This 2024-2025 cycle, 800 participant names were pulled. We would plan to do a larger sample size moving forward.

19. Please indicate whether those samples successfully achieved a valid response from 400 families for the NCI-NF?

a. This 2024-2025 cycle, 350 surveys were completed from the sample pulled.

Previous years, the goal was not met for the required number of surveys.

20. For the NCI-NF survey, please provide the sample size that was used in each of the past

3 years.

a. For the previous IDD-NF (Adult/Family) survey 1375 surveys were mailed out.

21. Please indicate whether those samples successfully achieved a valid response from 400 families for the NCI-NF?

a. For the previous IDD-NF (Adult/Family) survey, 25-30% response rate was needed and this was not met.

22. Will the South Dakota Department of Human Services please confirm it is acting as a

HIPAA-covered entity for the purposes of the National Core Indicators (NCI) project?

a. Yes.

23. If the South Dakota Department of Human Services is acting as a HIPAA-covered entity for the purposes of the National Core Indicators (NCI) project, will it please provide a copy of its Business Associate Agreement (BAA) for review? BAA included below.

a. See Exhibit 1

24. Please indicate the number of interviewers that were deployed in each of last 3 years to complete the in person or in-person remote NCI-AD and NCI-ID surveys.

a. The vendor must employ sufficient staff to meet the survey response requirement. The number of interviewers deployed for previous surveys is not readily available to the State and may vary depending on the employment status

(part time or full time) of the individuals conducting the surveys. The contracts are linked below for reference.

i. NCI-AD: https://open.sd.gov/contracts/19/6193-609-002%2024.pdf

ii. NCI-IDD: https://open.sd.gov/contracts/19/6191-609-003%2026.pdf

25. Please provide the approximate date within the typical survey cycle by which data must be submitted to HSRI.

a. The vendor is expected to enter all survey data into the Online Data Entry Survey

Application (ODESA) system by the last day of the month the survey was conducted. The survey cycle begins in July and all survey date must be entered into HSRI no later than June 30th of the survey cycle.

https://open.sd.gov/contracts/19/6193-609-002%2024.pdf https://open.sd.gov/contracts/19/6191-609-003%2026.pdf

26. Does the State intend the vendor to enter NCI-AD, NCI-ID, and NCI-NF data into the NCI national database?

a. Yes. The vendor must enter all survey data into ODESA. DHS will provide data for background information to the vendor.

27. If not, please describe how the State prefers data to be captured.

a. N/A

28. Will South Dakota specific items be entered into the national database or are they to be captured by the vendor’s system?

a. If there are additional questions, they will be entered into the national database.

29. Please provide a description/synopsis of HSRI-specified formats for data submission.

a. Survey data is entered directly into the Online Data Entry Survey Application

(ODESA) system. HSRI prepares the data for analysis and reporting.

30. RFP Section 5.2.3.2 states that Offerors must provide “A specific point-by-point response, in the order listed, to each requirement in the RFP." Should this requirement say, “…to each requirement in RFP Section 3.0 Scope of Work” instead?

a. No, this is the standard language.

31. May Offerors include a cover letter with their proposals?

a. Yes

32. Can the State please provide a sample contract for this procurement?

a. The standard contract language template is included in the RFP. The contract for this procurement will be negotiated and include the vendor’s proposal.

33. Could the State please provide background check requirements for interviewers?

a. Individuals entering the homes of participants must undergo and pass a background check. The state would expect the contractor to conduct background checks. Offerors should explain how they would meet this requirement.

34. Can the Offeror rescind their bid after submission if the State and Bidder are unable to agree to contractual terms?

a. Yes, there is a contract negotiation period where both parties may choose to rescind the bid or offer.

35. How would the State like Offerors to submit their exceptions to the Sample Contract once provided?

a. This is not necessary as part of the proposal process. Contract terms may be negotiated once a vendor has been selected.

36. Can the State provide the anticipated start and end date of the project implementation?

a. The project is ongoing from the start to the end of the contract. The survey cycle begins in July 2026 and closes the following year. The project kick off will begin after contract implementation for planning and successful completion of the required surveys. Surveys are required each year for NCI-IDD and NCI-NF and every other year for NCI-AD.

Exhibit 1

HIPAA Business Associate Agreement

A. Definitions of Terms

1. Agreement means the agreement to which this Business Associate Agreement is attached to including this attachment entitled HIPAA Business Associate Agreement.

2. Business Associate shall have the meaning given to such term in 45 C.F.R. section

160.103 and 42 U.S.C. section 17938, and in reference to the party of this agreement, shall mean the Provider, Consultant, or other entity contracting with the State of South Dakota, Department of Human Services as set forth more fully in the Agreement this Business Associate Agreement is attached.

3. C.F.R. shall mean the Code of Federal Regulations.

4. Department shall mean South Dakota Department of Human Services

5. Designated Record Set shall have the meaning given to such term in 45 C.F.R.

section 164.501.

6. Covered Entity shall have the meaning given to such term in 45 C.F.R. section

160.103, and in reference to the party to this agreement, shall mean South Dakota Department of Human Services.

7. Protected Health Information or PHI shall have the meaning given to such term in

45 C.F.R. section 164.103 and section 164.501, and is limited to the Protected Health Information received from, or received or created on behalf of Covered Entity by Business Associate pursuant to performance of the Services under the Agreement.

8. Regulations shall mean the Standards for Privacy of Individually Identifiable Health

Information at 45 CFR Part 160 and Part 164, Subparts A and E, Security Standards for the

Protection of Electronic Protected Health Information at 45 CFR Part 160 and 164, Subparts A and C, 45 CFR 164.314, and as amended by the Health Information Technology for Economic and

Clinical Health Act (HITECH) §§ 13400-13424, 42 U.S.C. §§ 17921-17954 (2009) as it directly applies, as in effect on the date of this Business Associate Agreement.

B. Obligations of the Business Associate.

1. Security Safeguards. The Business Associate shall implement a documented information security program that includes administrative, technical and physical safeguards designed to prevent the accidental or otherwise unauthorized use or disclosure of PHI, and that reasonably protect the confidentiality, integrity, and availability of any electronic Protected

Health Information that it creates, receives, maintains or transmits to or on behalf of Covered

Entity as required by the Regulations. The Business Associate agrees to comply with the requirements of the Privacy and Security Rules directly applicable to Business Associates including the HITECH Act.

2. Affiliates, Agents, Subsidiaries and Sub-Contractors. The Business

Associate shall require that any agents, employees, affiliates, subsidiaries or sub-contractors, to whom it provides PHI received from, or created or received by the Business Associate on behalf of the Department agree in writing to the same use and disclosure restrictions imposed on the

Business Associate by this Agreement.

3. Reporting and Mitigating Unauthorized Uses and Disclosures of PHI. Immediately upon notice to the Business Associate, the Business Associate shall report to the Department any uses or disclosures of PHI not authorized by this Agreement. The Business Associate shall also notify the affected individual of the breach. If the breach affects more than 500 individuals, the

Business Associate must contact the U.S. Health and Human Services Secretary and the media, under the American Recovery and Reinvestment Act of 2009. The Business Associate shall use its best efforts to mitigate the deleterious effects of any use or disclosure of PHI not authorized by this Agreement. Further, in the notice provided to the Department by the Business Associate regarding unauthorized uses and/or disclosures of PHI, the Business Associate shall describe the remedial or other actions undertaken or proposed to be undertaken regarding the unauthorized use or disclosure of PHI.

4. Permitted Uses and Disclosures. The Business Associate may not use or disclose

PHI received or created pursuant to this Agreement except as follows:

(a) The Business Associate’s Operations – Permitted Uses of PHI. The Business

Associate may use the PHI it receives in its capacity for the proper management and administration of the Business Associate or to carry out the Business Associate’s legal responsibilities.

(b) The Business Associate’s Operations – Permitted Disclosures of PHI. The

Business Associate may disclose the PHI it obtains in its capacity as a Business Associate if such disclosure is necessary for the Business Associate’s proper management and administration or to carry out the Business Associate’s legal responsibilities, and:

(i) The disclosure is required by law; or

(ii) The Business Associate obtains reasonable assurances from the person or entity to whom the PHI is disclosed that the PHI will be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person or entity notifies the Business Associate (and the Business Associate in turn notifies the Department) of any instances of which it is aware in which the confidentiality of the PHI has been breached.

5. Disclosure Accounting. In the event that the Business Associate makes any disclosures of PHI related to the business associate function under this Agreement that are subject to the accounting requirements of 45 C.F.R. section 164.528, the Business Associate promptly shall maintain a record of each disclosure, including the date of the disclosure, the name and if available, the address of the recipient of the PHI, a brief description of the PHI disclosed and a brief description of the purpose of the disclosure. The Business Associate shall maintain this record for a period of six (6) years and make available to the Department upon request in an electronic format so that the Department may meet its disclosure accounting obligations under 45 C.F.R. section 164.528.

6. Access to PHI by Individuals. The Business Associate shall cooperate with the

Department to fulfill all requests by individuals for access to the individual’s PHI that are approved by the Department. The Business Associate shall cooperate with the Department in all respects necessary for the Department to comply with 45 C.F.R. section 164.524. If the Business

Associate receives a request from an individual for access to PHI that affects funding eligibility, the Business Associate immediately shall forward such request to the Department within (10) business days. The Department shall be solely responsible for determining the scope of PHI and

Designated Record Set to be released with respect to each request by an individual to access or obtain copies of the individual’s PHI covered by this Agreement and in accordance with C.F.R.

164.524. The Business Associate shall make the PHI available in the format requested by the individual and approved by the Department, unless the PHI is not readily producible in such format, in which case the PHI shall be produced in hard copy format.

7. Access by the Department to the Business Associate’s Books and Records. The

Business Associate shall make its internal practices, books and records relating to the use and disclosure of PHI received from, or created or received by the Business Associate on behalf of the

Department available to the Department and the Secretary of the Department of Health and

Human Services for purposes of determining the Department’s compliance with the HIPAA laws and regulations. Upon reasonable notice to the Business Associate and during the Business

Associate’s normal business hours, the Business Associate shall make such internal practices, books and records available to the Department to inspect for purposes of determining compliance with this Agreement.

8. Amendment of PHI. As directed and in accordance with the time frames specified by the Department, the Business Associate shall incorporate all amendments to PHI received from the Department. The Business Associate shall provide written notice to the Department within ten (10) business days confirming that the Business Associate has made the amendments to PHI as directed by the Department. This confirmation shall also contain any other information that may be necessary for the Department to provide adequate notice to the individual in accordance with 45 C.F.R., section 164.526. The Department warrants that all time frames specified will be made in good faith and reasonable length so that the Business Associate can comply with the timeframe.

C. Obligations of the Department

1. The Department shall notify Business Associate of any limitation(s) in its notice of privacy practices of the Department in accordance with 45 CFR 164.520 to the extent that such limitation may affect Business Associate’s use or disclosure of PHI.

2. The Department shall notify Business Associate of any changes in, or revocation of, permission by Individual to use or disclose PHI to the extent that such changes may affect

Business Associates use or disclosure of PHI.

3. The Department shall notify Business Associate of any restriction to use or disclosure of PHI that the Department has agreed to in accordance with 45 CFR 164.522 to the extent that such restriction may affect Business Associate’s use or disclosure of PHI.

D. Term and Termination.

1. Term. The term of this Agreement shall be effective as of and shall terminate on the dates set forth in the primary Agreement this Business Associate Agreement is attached to or on the date the primary Agreement terminates, whichever is sooner

2. Termination by Breach. The Department may immediately terminate the primary

Agreement this Business Associate Agreement is attached to if the Business Associate has breached a material term of this Business Associate Agreement. Alternatively, the department may choose to

(i) provide Business Associate with five (5) days written notice of the existence of an alleged material breach; and

(ii) Afford Business Associate an opportunity to cure said alleged material breach to the satisfaction of Department within five (5) days.

Business Associate’s failure to cure shall be grounds for immediate termination of the primary Agreement to which the Business Associate

Agreement is attached. Department’s remedies under this Agreement are cumulative, and the exercise of any remedy shall not preclude the exercise of any other. However, in the event that the Department determines that termination of the Agreement is not feasible, the Department shall have the right to report the breach to the Secretary of the Department of Health and

Human Services, notwithstanding any other provisions of this Agreement to the contrary.

3. Effects of Termination; Disposal of PHI. Upon termination of the primary

Agreement to which this Business Associate Agreement is attached, the Business Associate shall recover all PHI that is in the possession of the Business Associate’s agents, affiliates, subsidiaries or sub-contractors. The Business Associate shall return to the Department or destroy all PHI that the Business Associate obtained or maintained pursuant to this Agreement on behalf of the Department. If the parties agree at that time that the return or destruction of

PHI is not feasible, the Business Associate shall extend the protections provided under this

Agreement to such PHI, and limit further use or disclosure of the PHI to those purposes that make the return or destruction of the PHI infeasible. If the parties agree at the time of termination of this Agreement that it is infeasible for the Business Associate to recover all PHI in the possession of the Business Associate’s agents, affiliates, subsidiaries or sub-contractors, the Business Associate shall provide written notice to the Department regarding the nature of the unfeasibility and the Business Associate shall require that its agents, affiliates, subsidiaries and sub-contractors agree to the extension of all protections, limitations and restrictions required of the Business Associate hereunder.

E. Miscellaneous.

1. The Business Associate’s Compliance with HIPAA. The Department makes no warranty or representation that compliance by the Business Associate with this Agreement, HIPAA or the HIPAA regulations will be adequate or satisfactory for the Business Associate’s own purposes or that any information in the Business Associate’s possession or control, or transmitted or received by the Business Associate, is or will be secure from unauthorized use or disclosure. The Business Associate is solely responsible for all decisions made by the Business

Associate regarding the safeguarding of PHI.

2. Change in Law. In the event that there are subsequent changes or clarifications of statutes, regulations or rules relating to this Agreement, the Department shall notify the

Business Associate of any actions it reasonably deems are necessary to comply with such changes, and the Business Associate promptly shall take such actions. In the event that there shall be a change in the federal or state laws, rules or regulations, or any interpretation or any such law, rule, regulation or general instructions which may render any of the material terms of this Agreement unlawful or unenforceable, or materially affects the financial arrangement contained in this Agreement, the Business Associate may, by providing advanced written notice, propose an amendment to this Agreement addressing such issues.

3. Assignment/Subcontracting. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective legal representatives, successors and assigns. The Business Associate may not assign or subcontract the rights or obligations under this Agreement without the express written consent of the Department. The Department may assign its rights and obligations under this Agreement to any successor or affiliated entity.

4. No Third Party Beneficiaries. Nothing express or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than Covered

Entity, Business Associate and their respective successors or assigns, any rights, remedies, obligations or liabilities whatsoever.

5. Assistance in Litigation or Administrative Proceedings. The Business Associate shall make itself and any agents, affiliates, subsidiaries, sub-contractors or employees assisting the Business Associate in the fulfillment of its obligations under this Agreement, available to the

Department, at no cost to the Department, to testify as witnesses, or otherwise, in the event of litigation or administrative proceedings resulting from the performance of this Agreement being commenced against the Department, its directors, officers, or employees, except where the Business Associate or its agents, affiliates, subsidiaries, sub-contractors or employees are a named adverse party.

The Department shall make itself and any agents, affiliates, subsidiaries, sub-contractors or employees assisting the Department in the fulfillment of its obligations under this Agreement, available to the Business Associate, at no cost to the Business Associate, to testify as witnesses, or otherwise, in the event of litigation or administrative proceedings resulting from the performance of this Agreement being commenced against the Business

Associate, its directors, officers, or employees, except where the Department or its agents, affiliates, subsidiaries, sub-contractors or employees are a named adverse party.

6. Interpretation. Any ambiguity in this Agreement shall be interpreted to permit compliance with the HIPAA rules.

7. Conflicts. In the event of a conflict in between the terms of this Business

Associate Agreement and the primary Agreement to which Business Associate Agreement is attached, the terms of this Business Associate Agreement shall prevail to the extent such an interpretation ensures compliance with the HIPAA Rules.

Exhibit 2

AD Participants Served by City

Exhibit 3

IDD Participants Served by City