Standard Part 2 DCF ITN 2223 011.pdf

CONTRACT NO. [Enter Contract No.]

EXHIBIT A – SPECIAL PROVISIONS

The following provisions supplement or modify the provisions of Items 1 through 10 of the Standard Contract, as provided herein:

A.1 ENGAGEMENT, TERM AND CONTRACT DOCUMENT

A.1.1 Contract Document In addition to the provisions of Section 1.5, the following documents, or the latest revisions thereof, are incorporated herein and made a part of this Contract.

A.1.1.1 Additional Contract Exhibits

Exhibits A1, A2, B1, C1, C2, C3, F1 and F2 A.1.1.2 Guidance Documents

Guidance 1 - Evidence-Based Guidelines Guidance 2 - Tangible Property Requirements Guidance 3 - Managing Entity Expiration, Termination and Transition Planning Requirements Guidance 4 - Care Coordination Guidance 5 - Residential Mental Health Treatment for Children and Adolescents Guidance 6 - Outpatient Forensic Mental Health Services Guidance 7 - State Mental Health Treatment Facility Admission and Discharge Processes Guidance 8 - Assisted Living Facilities with Limited Mental Health (ALF-LMH) Licensure Guidance 9 - Supplemental Security Income/Social Security Disability Insurance (SSI/SSDI) Outreach Access, and Recovery (SOAR) Guidance 10 - Prevention Services Guidance 11 - Juvenile Incompetent to Proceed (JITP) Guidance 12 - Behavioral Health Network (BNet) Guidelines and Requirements Guidance 13 - Indigent Drug Program (IDP) Guidance 14 - Prevention Partnership Grants (PPG) Guidance 15 - Projects for Assistance in Transition from Homelessness (PATH) Guidance 16 - Florida Assertive Community Treatment (FACT) Handbook Guidance 17 - Temporary Assistance for Needy Families (TANF) Funding Guidance Guidance 18 - Family Intensive Treatment (FIT) Model Guidelines and Requirements Guidance 19 - Integration with Child Welfare Guidance 20 – Local, Regional, and State Review Teams Guidance 21 - Housing Coordination Guidance 22 - Federal Grant Financial Management Requirements Guidance 23 - Crisis Counseling Program Guidance 24 - Performance Outcomes Measurement Manual

Guidance 25 - National Voter Registration Act Guidance Guidance 26 - Women’s Special Funding, Substance Abuse Services for Pregnant Women and Mothers Guidance 27 – Central Receiving Systems (CRS) Guidance 28 – Forensic Multidisciplinary Team Guidance 29 – Transitional Voucher Guidance 30 – Deleted – effective 9/29/2021 Guidance 31 – Deleted – effective 7/1/2021 Guidance 32 – Community Action Treatment (CAT) Team Guidance 33 – HIV Early Intervention Services Guidance 34 – Mobile Response Team (MRT) Guidance 35 – Recovery Management Practices Guidance 36 – Linking, Advocating, Treating, Transitioning, Empowering and Recovery Support (LATTERS); Florida Assertive Community Treatment (FACT) Tier 2 Variation Guidance 37 – Family First Prevention Services Act (FFPSA) Teams, Community Action Treatment (CAT) Tier 2 Variation Guidance 38 – Community Action Treatment (CAT) Team for Ages 0-10, (CAT Tier 3 Variation) Guidance 39 – Multidisciplinary Child Welfare Teams Guidance 40 – Family Support Teams (FST) Community Action Treatment (CAT) Team, Tier 4 Variation Guidance 41 – Coordinated Opioid Recovery Network of Addiction Care (CORE Network)

A.1.1.3 Templates Template 1 – Provider Tangible Property Inventory Form Template 2 – SAMH Block Grant Reporting Template Overview and Instructions Template 3 – Narrative Report for the Substance Abuse and Mental Health Block Grant Template 4 – Managing Entity Annual Business Operations Plan Template 5 – ALF-LMH Forms Template 6 – BNet Participant Forms Template 7 – BNet Alternative Service Forms Template 8 – Deleted, effective 11/29/2016 Template 9 – Local Match Calculation Form Template 10 – Managing Entity Monthly Fixed Payment Invoice Template 11 – Managing Entity Monthly Progress Report Template 12 – Managing Entity Monthly Expenditure Report Template 13 – Managing Entity Monthly Carry Forward Expenditure Report Template 14 – Cost Allocation Plan

Template 15 – Managing Entity Spending Plan for Carry Forward Report Template 16 – Deleted, effective 7/1/2023 Template 17 – Deleted, effective 7/1/2020 Template 18 – Deleted, effective 5/18/2017 Template 19 – Deleted, effective 9/29/2021 Template 20 – Deleted, effective 7/1/2021 Template 21 – Monthly Care Coordination Report Template 22 – Forensic Mental Health Services Report Template 23 – Forensic Diversion Report Template 24 – CCP Supplemental Invoice and Expenditure Report Template 25 – Forensic Multidisciplinary Team Report Template 26 – Deleted, effective 7/1/21 Template 27 – Deleted – effective 9/29/2021 Template 28 – Mobile Response Team Report Template 29 – FACT Quarterly Report Template 30 – Proviso Project Return on Investment Report Template 31 – Deleted, effective 7/1/2023 Template 32 – Transitional Voucher Incidental Report Template 33 – Community Forensic Beds Report

A.1.1.4 Financial and Services Accountability Management System (FASAMS) Pamphlet 155-2, available at: Financial and Services Accountability Management System - FASAMS | Florida DCF (myflfamilies.com)

A.1.1.5 Unless otherwise specified in this Contract, all documents incorporated by reference may be located at the following Department webpage location: Managing Entities | Florida DCF (myflfamilies.com)

A.1.1.6 Copies of these documents may also be obtained from the Department, 2415 North Monroe Street, Suite 400, Tallahassee, FL 32303.

A.1.1.7 The Department, in its role as Mental Health Authority of Florida, shall be responsible for making final determinations regarding service delivery in the event of any perceived ambiguity within this Contract.

A.1.2 Program Specific Terms In addition to the provisions of Section 1.6.1, the definitions in Exhibit A1 apply to this Contract.

A.1.3 The following supplements Section 1.4 All communication, including but not limited to contract budget, policy clarifications, or other guidance must be directed to the Contract Manager. The Assistant Secretary of Substance Abuse and Mental Health will communicate all final decisions in writing. The Managing Entity shall not take action on information that is communicated verbally.

https://www.myflfamilies.com/services/substance-abuse-and-mental-health/samh-providers/FASAMS https://www.myflfamilies.com/services/substance-abuse-and-mental-health/samh-providers/FASAMS https://www.myflfamilies.com/services/substance-abuse-and-mental-health/samh-providers/managing-entities https://www.myflfamilies.com/services/substance-abuse-and-mental-health/samh-providers/managing-entities

A.2 STATEMENT OF WORK

There are no additional provisions to this section of the Contract.

A.3 PAYMENT, INVOICE AND RELATED TERMS

There are no additional provisions to this section of the Contract.

A.4 GENERAL TERMS AND CONDITIONS GOVERNING PERFORMANCE

A.4.1 Notwithstanding the terms of Section 4.2, the Managing Entity may subcontract with Network

Service Providers without advance approval in writing by the Department.

A.4.2 Insurance In addition to the provisions of Section 4.4., the following Special Insurance Provisions shall apply to this Contract. In the event of any inconsistency between the requirements of this section and the requirements of Section 4.4, the provisions of this section shall prevail and control.

A.4.2.1 The Managing Entity shall notify the Contract Manager within 30 calendar days if there is a modification to the terms of insurance including but not limited to, cancellation or modification to policy limits.

A.4.2.2 The Managing Entity acknowledges that, as an independent contractor, the Managing Entity and its Network Service Providers at all tiers are not covered by the State of Florida Risk Management Trust Fund for liability created by § 284.30, F.S.

A.4.2.3 The Managing Entity shall obtain and provide proof to the Department of comprehensive general liability insurance coverage (broad form coverage), specifically including premises, fire and legal liability to cover managing the Managing Entity and all its employees. The limits of Managing Entity’s coverage shall be no less than $300,000 per occurrence with a minimal annual aggregate of no less than $1,000,000.

A.4.2.4 With the exception of any state agency or subdivision as defined by § 768.28(2), F.S., the Managing Entity shall cause all Network Service Providers, at all tiers, who the Managing Entity reasonably determines to present a risk of significant loss to the Managing Entity or the Department, to obtain and provide proof to Managing Entity and the Department of comprehensive general liability insurance coverage (broad form coverage), specifically including premises, fire and legal liability covering the Network Service Provider and all its employees. The limits of coverage for the Managing Entity’s Network Service Providers, at all tiers, shall be in such amounts as the Managing Entity reasonably determines to be sufficient to cover the risk of loss.

A.4.2.5 If any officer, employee, or agent of the Managing Entity operates a motor vehicle in the course of the performance of its duties under this contract, the Managing Entity shall obtain and provide proof to the Department of comprehensive automobile liability insurance coverage. The limits of the Managing Entity’s coverage shall be no less than $300,000 per occurrence with a minimal annual aggregate of no less than $1,000,000.

A.4.2.6 If any officer, employee, or agent of any Network Service Provider, at all tiers, operates a motor vehicle in the course of the performance of the duties of the Network Service Provider, the Managing Entity shall cause the Network Service Provider to obtain and provide proof to the Managing Entity and the Department of comprehensive automobile liability insurance coverage with the same limits.

A.4.2.7 The Managing Entity shall obtain and provide proof to the Department of professional liability insurance coverage, including errors and omissions coverage, to cover the Managing Entity and all its employees. If any officer, employee, or agent of the Managing

Entity administers any prescription drug or medication or controlled substance in the course of the performance of the duties of the Managing Entity under this contract, the professional liability coverage shall include medical malpractice liability and errors and omissions coverage, to cover the Managing Entity and all its employees. The limits of the coverage shall be no less than $300,000 per occurrence with a minimal annual aggregate of no less than $1,000,000.

A.4.2.8 If any officer, employee, or agent of the Network Service Provider, at all tiers, provides any professional services or provides or administers any prescription drug or medication or controlled substance in the course of the performance of the duties of the Network Service Provider, the Managing Entity shall cause the Network Service Provider, at all tiers, to obtain and provide proof to the Managing Entity and the Department of professional liability insurance coverage, including medical malpractice liability and errors and omissions coverage, to cover all Network Service Provider employees with the same limits.

A.4.2.9 The Department shall be exempt from, and in no way liable for, any sums of money that may represent a deductible or self-insured retention under any such insurance. The payment of any deductible on any policy shall be the sole responsibility of the Managing Entity, or Network Service Provider purchasing the insurance.

A.4.2.10 All such insurance policies of the Managing Entity and its Network Service Providers, at all tiers, shall be provided by insurers licensed or eligible to do and that are doing business in the State of Florida. Each insurer must have a minimum rating of “A” by A. M. Best or an equivalent rating by a similar insurance rating firm and shall name the Department as an additional insured under the policy or policies. The Managing Entity shall use its best good faith efforts to cause the insurers issuing all such general, automobile, and professional liability insurance to use a policy form with additional insured provisions naming the Department as an additional insured or a form of additional insured endorsement that is acceptable to the Department in the reasonable exercise of its judgment.

A.4.2.11 All such insurance proposed by the Managing Entity shall be submitted to and confirmed by the Contract Manager annually by March 31.

A.4.3 In addition to the requirements of Section 4.8, the Managing Entity shall comply with the publicity requirements mandated in § 394.9082(5)(u), F.S.

A.5 RECORDS, AUDITS AND DATA SECURITY

A.5.1 Inspections and Corrective Action In addition to the terms of Section 5.1, the following requirements shall apply to this Contract.

A.5.1.1 The Managing Entity shall be monitored in accordance with § 402.7305, F.S., and CFOP 75-

8, Policies and Procedures of Contract Oversight. The Managing Entity shall comply with any requests made by the Department as part of the conduct of such monitoring. At no cost to the Department, the Managing Entity shall provide complete access to all programmatic, administrative, management, budget and financial information related to services provided under this contract.

A.5.1.2 The Department will provide a written report to the Managing Entity within 30 days of the monitoring team’s exit. If the report indicates corrective action is necessary, the Managing Entity shall provide a proposed corrective action plan for the Department’s approval, except in the case of threat to life or safety of Individuals Served, in which case the Managing Entity shall take immediate action to ameliorate the threat and associated causes.

A.5.1.3 The Managing Entity shall cooperate at all times with the Department to conduct these reviews and shall provide all documentation requested by the reviewers in a timely manner at its administrative office or other location, as determined by the Department.

A.6 INSPECTIONS, PENALTIES, AND TERMINATION

A.6.1 Termination The provisions of Section 6.2.1 and Section 6.2.2 are hereby modified and superseded as follows. The remaining clauses of Section 6 remain in effect.

A.6.1.1 Notwithstanding the provisions of Section 6.2.1, in accordance with Section 22 of PUR

1000 Form, this Contract may be terminated by the Department without cause upon no less than 180 calendar days’ notice in writing to the Provider unless a sooner time is mutually agreed upon in writing.

A.6.1.2 Notwithstanding the provisions of Section 6.2.2, this Contract may be terminated by the Provider upon no less than 180 calendar days’ notice in writing to the Department unless a sooner time is mutually agreed upon in writing.

A.6.2 Dispute Resolution The following Dispute Resolution terms shall apply to this Contract:

A.6.2.1 The parties agree to cooperate in resolving any differences in interpreting the contract.

Within five working days of the execution of this contract, each party shall designate one person with the requisite authority to act as its representative for dispute resolution purposes. Each party shall notify the other party of the person’s name and business address and telephone number. Within five working days from delivery to the designated representative of the other party of a written request for dispute resolution, the representatives will conduct a face-to-face meeting to resolve the disagreement amicably. If the representatives are unable to reach a mutually satisfactory resolution, either representative may request referral of the issue to the Managing Entity’s Chief Executive Officer (CEO) and the Department’s Deputy Assistant Secretary for Substance Abuse and Mental Health. Upon referral to this second step, the respective parties shall confer in an attempt to resolve the issue.

A.6.2.2 If the CEO and Deputy Assistant Secretary are unable to resolve the issue within 10 days, the parties’ appointed representatives shall meet within 10 working days and select a third representative. These three representatives shall meet within 10 working days to seek resolution of the dispute. If the representatives’ good faith efforts to resolve the dispute fail, the representatives shall make written recommendations to the Secretary who will work with both parties to resolve the dispute. The parties reserve all their rights and remedies under Florida law. Venue for any court action will be in Leon County, Florida.

A.7 OTHER TERMS

A.7.1 The Managing Entity shall comply with all applicable federal and state laws and regulations and all policies, directives and guidelines published by the Department. In the event the Department amends any policies, directives, or guidelines after contract execution, the Department will provide electronic notice to the Managing Entity.

A.7.2 Exhibit A2 contains additional state and federal laws, rules, and regulations applicable to performance under this Contract.

A.8 FEDERAL FUNDS APPLICABILITY

A.9 CLIENT SERVICES APPLICABILITY

A.10 PROPERTY

A.10.1 The Managing Entity shall ensure that Network Service Providers comply with requirements in

Guidance 2 – Tangible Property Requirements and document compliance through the submission of Template 1 – Provider Tangible Property Inventory Form.

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EXHIBIT A1 – PROGRAM AND SERVICE SPECIFIC TERMS

A1.1 Behavioral Health Network (BNet) A statewide network of Behavioral Health Service providers which serve children with mental health or substance use disorders who are ineligible for Medicaid and are determined eligible for Title XXI of the United States Public Health Services Act.

A1.2 Behavioral Health Services As defined by § 394.9082(2)(a), F.S.

A1.3 Block Grants The Community Mental Health Block Grant (CMHBG), pursuant to 42 U.S.C. s. 300x, et seq.; and the Substance Abuse Prevention and Treatment Block Grant (SAPTBG), pursuant to 42 U.S.C. s. 300x-21, et seq.

A1.4 Continuous Quality Improvement (CQI) An ongoing, systematic process of internal and external improvements in service provision and administrative functions, taking into account both in process and end of process indicators, in order to meet the valid requirements of Individuals Served.

A1.5 Coordinated System of Care As defined by § 394.9082(2)(b), F.S.

A1.6 Electronic Health Record (EHR) As defined by § 408.051(2)(a), F.S.

A1.7 Electronic Vault An information technology system designed to store, manage, and track electronic versions of original and scanned documents, and to provide remote document access to Department staff.

A1.8 Evidence-Based Practice (EBP) As defined by Guidance 1 – Evidence-Based Guidelines.

A1.9 Indigent Psychiatric Medication Program, also known as the Indigent Drug Program (IDP) Behavioral Health Services provided pursuant to § 394.676, F.S.

A1.10 Individual(s) Served An individual who receives substance abuse or mental health services, the cost of which is paid, either in part or whole, by Department appropriated funds or local match (matching).

A1.11 Juvenile Incompetent to Proceed (JITP) "Child," "juvenile" or "youth" as defined by § 985.03(7), F.S., deemed incompetent to proceed for accused crimes pursuant to § 985.19, F.S.

A1.12 Local Match Pursuant to § 394.74(2)(b), F.S., and § 394.76, F.S.

A1.13 Managing Entity As defined by § 394.9082(2)(e), F.S. Throughout this Contract, the term Managing Entity is synonymous with the definition of Provider in the Department’s Standard Contract.

A1.14 Mental Health Services As defined by § 394.67(16), F.S.

A1.15 Network Service Provider(s) A direct service agency providing Substance Abuse or Mental Health Services that is under contract with a Managing Entity and referred to collectively as the “Network.” The Network shall consist of a comprehensive array of Behavioral Health Services and programs that are designed to meet the local need, are accessible and responsive to the needs of Individuals Served, their families, and community stakeholders, and include the essential elements of a coordinated system of care specified in § 394.4573(2), F.S.

A1.16 Operational Costs The allowable expenses incurred by a Managing Entity in performing its contracted functions and delivering its contracted services.

A1.17 Opioid Settlement Trust Fund The purpose of the State Opioid Settlement Trust Fund within the Department is to abate the opioid epidemic in accordance with settlement agreements reached in opioid-related litigation and bankruptcy, as specified in General Appropriations Acts, pursuant to § 20.195, F.S.

A1.18 Projects for Assistance in Transition from Homelessness (PATH) A federal grant to support homeless individuals with mental illnesses, who may also have co-occurring substance abuse and mental health treatment needs.

A1.19 Risk Assessment A process for evaluating the threat of damage, loss, liability, or other negative occurrence caused by external or internal vulnerabilities that may be avoided through pre-emptive action. An effective Risk Assessment prioritizes the extent and degree of appropriate monitoring activities.

A1.20 Safety Net The publicly funded Behavioral Health Services and providers that have either historically received or currently receive funding appropriated to the Department by the General Appropriations Act (GAA). The Safety Net is intended to provide funding to Network Service Providers for expenditures that would otherwise be uncompensated costs for services provided to individuals in need of services.

A1.21 Stakeholders Individuals or groups with an interest in the provision of treatment or prevention services to individuals with substance use, mental health, and co-occurring disorders in the county(ies) specified in Section B.3.1. This includes, but is not limited to, the key community constituents included in § 394.9082(5), F.S.

A1.22 State Mental Health Treatment Facilities State Mental Health Treatment Facilities serving adults who have been committed for intensive inpatient treatment by a circuit court and pursuant to Chapter 394, F.S. or Chapter 916, F.S.

A1.23 Statewide Inpatient Psychiatric Programs (SIPP) Medicaid-funded services to children under age 18 provided in a residential treatment center or hospital, licensed by the Agency for Health Care Administration (AHCA), which provides diagnostic and active treatment services in a secure setting. SIPP providers must be under contract with AHCA and provide these services in accordance with Chapter 394, F.S., Chapter 408, F.S., Chapter 409, F.S., and Rule 65E-9.008(4), F.A.C.

A1.24 Submit Unless otherwise specified, the term “Submit” as used in this Contract shall be construed to mean submission of a contractual requirement to the Department’s Contract Manager, subject to the provisions of Section C.2.4.7.

A1.25 Substance Abuse and Mental Health Data System (SAMH Data System) Collectively, the Department’s web-based data systems for reporting substance abuse and mental health services, including the Substance Abuse and Mental Health Information System (SAMHIS), the Performance Based Prevention System (PBPS), the Financial and Service Accountability Management System (FASAMS) or any replacement systems identified by the Department for the reporting of data by the Managing Entity and all Network Service Providers in accordance with this contract.

A1.26 Substance Abuse Services Any of the substance abuse prevention, intervention and clinical treatment services defined in § 397.311(26), F.S.

A1.27 Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI)

Outreach, Access, and Recovery (SOAR) A Substance Abuse and Mental Health Services Administration (SAMHSA) technical assistance initiative designed to help individuals increase earlier access to SSI and SSDI through improved approval rates on initial Social Security applications by providing training, technical assistance, and strategic planning to Network Service Providers.

A1.28 Temporary Assistance to Needy Families (TANF) As defined by 42 U.S.C. ss. 601, et seq., and Chapter 414, F.S.

A1.29 Wait List A master list for the Network, maintained by a Managing Entity that shows:

A1.29.1 The number of individuals waiting for access to the recommended service or program;

A1.29.2 The length of time each individual has been on the waiting list; and A1.29.3 The interim services provided to the individual.

EXHIBIT A2 – SAMH PROGRAMMATIC STATE AND FEDERAL LAWS, RULES, AND

REGULATIONS

The provider and its subcontractors shall comply with all applicable state and federal laws, rules and regulations, as amended from time to time, that affect the subject areas of the contract. Authorities include but are not limited to the following:

A2.1 FEDERAL AUTHORITY

A.2.1.1 Block Grants Regarding Mental Health and Substance Abuse A2.1.1.1 Block Grants for Community Mental Health Services

42 U.S.C. ss. 300x, et seq.

A2.1.1.2 Block Grants for Prevention and Treatment of Substance Abuse

42 U.S.C. ss. 300x-21 et seq.

45 CFR Part 96, Subpart L

A.2.1.2 Department of Health and Human Services, General Administration, Block Grants 45 CFR Part. 96

A.2.1.3 Charitable Choice Regulations Applicable to Substance Abuse Block Grant and PATH Grant

42 CFR Part 54 A.2.1.4 Confidentiality Of Substance Use Disorder Patient Records

42 CFR Part 2 A.2.1.5 Security and Privacy

45 CFR Part 164 A.2.1.6 Supplemental Security Income for the Aged, Blind and Disabled

20 CFR Part 416 A.2.1.7 Temporary Assistance to Needy Families (TANF)

42 U.S.C. ss. 601 - 619 45 CFR, Part 260

A.2.1.8 Projects for Assistance in Transition from Homelessness (PATH) 42 U.S.C. ss. 290cc-21 – 290cc-35

A.2.1.9 Equal Opportunity for Individuals with Disabilities (Americans with Disabilities Act of 1990)

42 U.S.C. ss. 12101 - 12213 A.2.1.10 Prevention of Trafficking (Trafficking Victims Protection Act of 2000)

22 U.S.C. s. 7104 2 CFR Part 175

A.2.1.11 Governmentwide Requirements for Drug-Free Workplace (Financial Assistance) 2 CFR Part 182

2 CFR Part 382

A2.2 FLORIDA STATUTES

A.2.2.1 Child Welfare and Community Based Care

Ch. 39, F.S. Proceedings Relating to Children Ch. 402, F.S. Health and Human Services: Miscellaneous Provisions

A.2.2.2 Substance Abuse and Mental Health Services Ch. 381, F.S. Public Health: General Provisions Ch. 386, F.S. Particular Conditions Affecting Public Health Ch. 394, F.S. Mental Health Ch. 395, F.S. Hospital Licensing and Regulation Ch. 397, F.S. Substance Abuse Services Ch. 400, F.S. Nursing Home and Related Health Care Facilities Ch. 414, F.S. Family Self-Sufficiency Ch. 458, F.S. Medical Practice Ch. 464, F.S. Nursing Ch. 465, F.S. Pharmacy Ch. 490, F.S. Psychological Services Ch. 491, F.S. Clinical, Counseling, and Psychotherapy Services Ch. 499, F.S. Florida Drug and Cosmetic Act Ch. 553, F.S. Building Construction Standards Ch. 893, F.S. Drug Abuse Prevention and Control § 409.906(8), F.S. Optional Medicaid Services – Community Mental Health Services

A.2.2.3 Developmental Disabilities Ch. 393, F.S. Developmental Disabilities

A.2.2.4 Adult Protective Services Ch. 415, F.S. Adult Protective Services

A.2.2.5 Forensics Ch. 916, F.S. Mentally Ill and Intellectually Disabled Defendants Ch. 985, F.S. Juvenile Justice; Interstate Compact on Juveniles § 985.19, F.S. Incompetency in Juvenile Delinquency Cases § 985.24, F.S. Use of detention; prohibitions

A.2.2.6 State Administrative Procedures and Services Ch. 119, F.S. Public Records Ch. 120, F.S. Administrative Procedures Act

Ch. 287, F.S. Procurement of Personal Property and Services Ch. 435, F.S. Employment Screening Ch. 815, F.S. Computer-Related Crimes Ch. 817, F.S. Fraudulent Practices § 112.061, F.S. Per diem and travel expenses of public officers, employees, and authorized persons; statewide travel management system § 112.3185, F.S. Additional standards for state agency employees § 215.422, F.S. Payments, warrants, and invoices; processing time limits; dispute resolution; agency or judicial branch compliance § 216.181(16)(b), F.S. Advanced funds for program startup or contracted services

A2.3 FLORIDA ADMINISTRATIVE CODE

A.2.3.1 Child Welfare and Community Based Care

Ch. 65C-45, F.A.C. Levels of Licensure Ch. 65C-46, F.A.C. Child-Caring Agency Licensing Ch. 65C-15, F.A.C. Child-Placing Agencies

A.2.3.2 Substance Abuse and Mental Health Services Ch. 65D-30, F.A.C. Substance Abuse Services Office Ch. 65E-4, F.A.C. Community Mental Health Regulation Ch. 65E-5, F.A.C. Mental Health Act Regulation Ch. 65E-9, F.A.C Licensure of Residential Treatment Centers Ch. 65E-11, F.A.C. Behavioral Health Services Ch. 65E-12, F.A.C. Public Mental Health Crisis Stabilization Units and Short-Term Residential Treatment Programs Ch. 65E-14, F.A.C. Community Substance Abuse and Mental Health Services - Financial Rules Ch. 65E-20, F.A.C. Forensic Client Services Act Regulation Ch. 65E-26, F.A.C. Substance Abuse and Mental Health Priority Populations and Services

A.2.3.3 Financial Penalties Ch. 65-29, F.A.C. Penalties on Service Providers

A2.4 MISCELLANEOUS

A.2.4.1 Department of Children and Families Operating Procedures

CFOP 155-10 / 175-40 Services for Children with Mental Health and Any Other Co- Occurring Substance Abuse or Developmental Disability Treatment Needs in Out-of-Home Care Placements CFOP 155-11 Title XXI Behavioral Health Network CFOP 155-47 Processing Referrals from the Department of Corrections

CFOP 215-6 Incident Reporting and Analysis System (IRAS) A.2.4.2 Standards applicable to Cost Principles, Audits, Financial Assistance and Administrative Requirements

§ 215.425, F.S. Extra Compensation Claims prohibited; bonuses; severance pay § 215.97, F.S. Florida Single Audit Act § 215.971, F.S. Agreements funded with federal or state assistance Ch. 69I-42, F.A.C. Travel Expenses Ch. 69I-5, F.A.C State Financial Assistance CFO’s Memorandum No. 01 - Contract and Grant Reviews and Related Payment Processing Requirements CFO’s Memorandum No. 02 - Reference Guide for State Expenditures Comptroller’s Memorandum No. 04 - Guidance on all Contractual Service Agreements Pursuant to § 215.971, Florida Statutes CFO’s Memorandum No. 20 - Compliance Requirements for Agreements 2 CFR, Part 180 Office of Management and Budget Guidelines to Agencies on Government Wide Debarment and Suspension (Non-procurement) 2 CFR, Part 200 Office of Management and Budget Guidance - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, available at https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 2 CFR, Part 300 Department of Health and Human Services - Office of Management and Budget Guidance - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Adoption of 2 CFR Part 200 45 CFR, Part 75 Uniform Administration Requirements, Cost Principles, and Audit Requirements for HHS Awards

A.2.4.3 Data Collection and Reporting Requirements § 394.74(3)(e), F.S. Data Submission § 394.9082, F.S. Behavioral health managing entities § 394.77, F.S. Uniform management information, accounting, and reporting systems for providers § 397.321(3)(c), F.S. Data collection and dissemination system To be determined The Department’s Substance Abuse and Mental Health data system.

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200

EXHIBIT B – SCOPE OF WORK

B.1 SCOPE OF SERVICE

The Managing Entity shall be responsible for the planning, coordination, and subcontracting of the Provider Network, as defined by § 394.9082(2)(f), F.S., thereby providing a comprehensive array of Behavioral Health Services to individuals, including emergency, acute care, residential, outpatient, recovery support, consumer support and prevention services.

B.2 MAJOR CONTRACT GOALS

The Department is contracting with the Managing Entity, pursuant to § 394.9082, F.S., to plan, coordinate, and subcontract for the delivery of community mental health and substance abuse services;

to improve access to care and promote service continuity; and to support efficient and effective delivery of services.

B.3 SERVICE AREA/LOCATIONS/TIMES

B.3.1 The Managing Entity shall subcontract for services within the following counties: Brevard, Citrus, Hardee, Hernando, Highlands, Lake, Marion, Orange, Osceola, Polk, Seminole, and Sumter Counties

B.3.2 When needed, the Managing Entity may subcontract for residential services related to the Purchase of Residential Treatment Services (PRTS) for emotionally disturbed children and youth in additional Florida counties, subject to advance written approval of each subcontractor by the Department.

B.3.3 The Managing Entity shall maintain an administrative office within the service area defined in Section B-3.1 and shall subcontract with Network Services Providers operating within the same area.

B.3.4 The Managing Entity shall notify the Department’s Contract Manager, in writing, at least 10 calendar days prior to any changes in locations where services are being provided.

B.3.5 The Managing Entity shall notify the Department, in writing, a minimum of 30 days prior to making changes in location that will affect the Department’s ability to contact the Managing Entity.

B.3.6 When necessary for timely compliance with a court-order, the Managing Entity may enter into rate agreements for residential treatment services related to Forensic Transitional Beds or Community Forensic Beds, as identified in Exhibit F1, in additional Florida counties, subject to advance written approval of each residential provider by the Department.

B.4 INDIVIDUALS TO BE SERVED

The Managing Entity shall contract with Network Service Providers for Behavioral Health Services provided to individuals as detailed in Section B.5. Contracts with Network Service Providers shall include compliance with the Department's requirements for Individuals Served.

B.5 CLIENT ELIGIBILITY

Behavioral Health services shall be provided to persons pursuant to § 394.674, F.S., including those individuals who have been identified as requiring priority by state or federal law. These identified priorities include, but are not limited to, the categories in Sections B.5.1 through B.5.10. Persons in Sections B.5.1 through B.5.2 are specifically identified as persons to be given immediate priority over those in any other sections.

B.5.1 Pursuant to 45 CFR s. 96.131, Network Service Providers shall prioritize admissions with pregnant women that inject drugs first, pregnant women second, all other individuals that inject drugs third, followed by all other individuals;

B.5.2 Pursuant to 45 CFR s. 96.126, compliance with interim services, for injection drug users, by Network Service Providers receiving SAPT Block Grant funding and treating injection drug users;

B.5.3 Priority for services to families with children that have been determined to require substance abuse and mental health services by child protective investigators and also meet the target populations in Section B-5.3.1 or Section B-5.3.2. Such priority shall be limited to individuals that are not enrolled in Medicaid or another insurance program, or require services that are not paid by another payor source:

B.5.3.1 Parents or caregivers in need of adult mental health services pursuant to § 394.674(1)(a)2., F.S., based upon the emotional crisis experienced from the potential removal of children; or

B.5.3.2 Parents or caregivers in need of adult substance abuse services pursuant to § 394.674(1)(c)3., F.S., based on the risk to the children due to a substance use disorder.

B.5.4 Individuals who reside in civil and forensic State Mental Health Treatment Facilities and individuals who are at risk of being admitted into a civil or forensic State Mental Health Treatment Facility;

B.5.5 Individuals who are voluntarily admitted, involuntarily examined, or placed under Part I, Chapter 394, F.S.;

B.5.6 Individuals who are involuntarily admitted under Part V, Chapter 397, F.S.;

B.5.7 Residents of assisted living facilities as required in § 394.4574 and 429.075, F.S.;

B.5.8 Children referred for residential placement in compliance with Ch. 65E-9.008, F.A.C B.5.9 Inmates approaching the Expiration of Sentence pursuant to Children and Families Operating

Procedure (CFOP) 155-47: “Processing Referrals from the Department of Corrections;” and B.5.10 In the event of a Presidential Major Disaster Declaration, Crisis Counseling Program (CCP) services shall be contracted for according to the terms and conditions of any CCP grant award approved by representatives of the Federal Emergency Management Agency (FEMA) and the Substance Abuse and Mental Health Services Administration (SAMHSA).

B.6 CLIENT DETERMINATION

B.6.1 The Managing Entity may delegate determinations to the Network Service Providers, subject to the provisions of Section B.6.4.

B.6.2 In no circumstances shall an individual’s county of residence be a factor that denies access to service.

B.6.3 The Managing Entity shall require each Network Service Provider submit a monthly attestation attached to an invoice to the Managing Entity, declaring that, at the time of submission, no other funding source was known for the invoiced services.

B.6.4 The Department, in accordance with state law, is exclusively responsible for defining Individuals Served for services provided through this Contract. In the event of a dispute, the determination made by the Department is final and binding on all parties.

B.7 EQUIPMENT

B.7.1 The Managing Entity and all Network Service Providers shall supply all equipment necessary to provide services and fulfill the terms and conditions of this Contract, including but not limited to;

computers, telephones, copier, and fax machines, supplies and maintenance, and necessary office supplies.

B.7.2 The Managing Entity shall ensure that Network Service Providers comply with requirements in Guidance 2 – Tangible Property Requirements and document compliance through the submission of Template 1 – Provider Tangible Property Inventory Form.

B.8 CONTRACT LIMITS

B.8.1 The Department’s obligation to pay for services provided under this Contract is expressly limited by the availability of funds and subject to annual appropriations by the Legislature.

B.8.2 The Managing Entity is expressly prohibited from authorizing or incurring indebtedness on behalf of the Department.

B.8.3 The Managing Entity is expressly prohibited from utilizing accounting practices or redirecting funds to circumvent legislative intent.

B.8.4 Services shall only be provided within the service area outlined in Section B.3.1.

B.8.5 Pursuant to 45 CFR §96.135(a)(5), the Managing Entity may not enter into subcontracts with a for-profit entity using Block Grant funds unless the for-profit entity subcontract is solely for providing goods and services for the Managing Entity’s own use in meeting its obligations under this Contract. A subcontract with a for-profit entity may not provide for services meeting the definition of a “subaward” as defined in 2 CFR §200.92, using Block Grant funds.

B.8.6 The Managing Entity shall not subcontract development, implementation, administrative, or monitoring responsibilities without prior written approval from the Department.

B.8.7 The Managing Entity shall not subcontract for Behavioral Health Services with any person or entity which:

B.8.7.1 Is barred, suspended, or otherwise prohibited from doing business with any government entity, or has been barred, suspended, or otherwise prohibited from doing business with any government entity in accordance with § 287.133, F.S.;

B.8.7.2 Is under investigation or indictment for criminal conduct, or has been convicted of any crime which would adversely reflect on its ability to provide services, or which adversely reflects its ability to properly handle public funds;

B.8.7.3 Has had a contract terminated by the Department for failure to satisfactorily perform or for cause;

B.8.7.4 Has failed to implement a corrective action plan approved by the Department or any other governmental entity, after having received due notice; or

B.8.7.5 Is ineligible for contracting pursuant to the standards in § 215.473(2), F.S.

B.8.8 Regardless of the amount of the subcontract, the Managing Entity shall immediately terminate a subcontract for cause, if at any time during the lifetime of the subcontract, a Network Service Provider is:

B.8.8.1 Found to have submitted a false certification under § 287.135, F.S., or B.8.8.2 Is placed on the Scrutinized Companies with Activities in Sudan List or B.8.8.3 Is placed on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector

List, or

B.8.8.4 Is placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel.

B.8.9 The Managing Entity agrees that services funded by this Contract other than those set out in this Contract, will be provided only upon receipt of a written authorization from the Contract Manager. The Department has final authority to make any and all determinations that affect the health, safety, and well-being of the people of the State of Florida.

EXHIBIT B1 – FEDERAL BLOCK GRANT REQUIREMENTS

B1.1 Purpose B1.1.1 The purpose of this document is to outline the expectations of the Department for the Managing Entity, in relation to the federal Community Mental Health Services (CMHS) block grant, as authorized by 42.U.S.C. s. 300x, and Substance Abuse Prevention and Treatment (SAPT) block grant, as authorized by 42 U.S.C. s. 300x-21.

B1.1.2 Managing Entity Assurance The Managing Entity shall assume the responsibility of implementation, administration, and monitoring of the CMHS and SAPT block grants, and the associated maintenance of effort requirements.

B1.1.3 The Managing Entity shall ensure that the Department is able to meet the assurances required of the State to the federal government in 45 CFR s. 96.123, to be eligible to receive block grant funding.

B1.1.4 The Managing Entity shall be responsible for the implementation, administration, monitoring, and compliance with the requirements of the Block Grants. The Department will provide technical assistance to the Managing Entity. The Managing Entity agrees that failure to comply with the requirements of these federal Block Grants represents a material breach of this contract and shall subject the Managing Entity to performance deficiencies and financial consequences as specified in Section 3.4.

B1.2 Managing Entity Requirements B1.2.1 The Managing Entity shall report expenditures, service utilization data, demographic information, and national outcome measures as required by the 42.U.S.C. s. 300x and 42 U.S.C. s.

300x-21.

B1.2.2 The Managing Entity shall be responsible for ensuring that the Department can report the following allocations in accordance with the requirements set by federal law:

B1.2.2.1 Of the SAPT block grant:

B1.2.2.1.1 Pursuant to 45 CFR s. 96.124(b), not less than the amount specified in Exhibit F1 for “Substance Abuse Prevention Services” on primary prevention services for those who do not require treatment;

B1.2.2.1.2 Pursuant to 42 U.S.C. s. 300x-24(b), not less than the amount specified in Exhibit F1 for “HIV Services” on HIV Early Intervention Services.

B1.2.2.2 Of State funds appropriated to substance abuse treatment for adults, pursuant to 45 CFR s. 96.124(c), not less than the amount specified in Exhibit F1 for “Projects Expansion of Substance Abuse Services for Pregnant Women and their affected families” on services for pregnant women, and women with dependent children.

B1.2.2.3 Pursuant to 42 U.S.C. s.300x-9(c), of the CMHS block grant, not less than the amount specified in Exhibit F1 for “ME Early Intervention Services for SMI & Psych Disorder” subcontracted for the implementation of the Coordinated Specialty Care for Early Serious Mental Illness, including First Episode Psychosis, program to serve a minimum number of individuals annually, as negotiated by the Department based on available funding. The subcontract shall specify standards for implementation and base the program design upon:

B1.2.2.3.1 The NAVIGATE Team Members’ Guide, available at http://navigateconsultants.org/2020manuals/team_guide_2020.pdf, hereby incorporated by reference, or

B1.2.2.3.2 The OnTrackNY Team Manual, available at http://www.ontrackny.org/Resources, hereby incorporated by reference.

B1.2.2.3.3 The Managing Entity shall adopt mechanisms for ongoing monitoring of the program for fidelity with the selected program design.

B1.2.2.4 Pursuant to 45 CFR s. 96.131, the Managing Entity shall ensure that subcontractors that receive SAPT block grant funding prioritize treatment services for pregnant women.

This shall include:

B1.2.2.4.1 The development, implementation, and administration of an electronic waitlist to ensure that providers give preference in admitting people into treatment as follows:

B1.2.2.4.1.1 Pregnant injecting drug users;

B1.2.2.4.1.2 Pregnant drug users;

B1.2.2.4.1.3 People who inject drugs; and B1.2.2.4.1.4 All others.

B1.2.2.4.2 If the clinically appropriate services cannot be provided for the pregnant woman, interim services shall be provided not later than 48 hours after the woman seeks treatment services.

B1.2.2.4.3 The capacity to track and report the type of service, number of pregnant women served, and amount of services purchased by federal and state sources.

B1.2.2.4.4 Policies and procedures relating to treatment services for pregnant women and, where appropriate, ensure that families are able to remain together when parents require treatment.

B1.2.2.5 Pursuant to 45 CFR s. 96.126, the Managing Entity shall maintain an electronic waitlist for the sub-contractors that receive SAPT block grant funding and serve injection drug users, and ensure the implementation of the 14/120-day requirement of 45 CFR s. 96.126(b), and provide interim services until such time as the clinically appropriate level of treatment can be provided to the individual.

B1.2.2.5.1 Outreach services shall be provided, pursuant to 45 CFR s. 96.126(e), and documented to demonstrate the provision of these services.

B1.2.2.5.2 The Managing Entity shall maintain a report of the Network Service Providers that reach 90% capacity, and the monitoring procedures to ensure that this occurs.

B1.2.2.6 Pursuant to 45 CFR s. 96.125, the Managing Entity shall prepare and implement a comprehensive primary prevention program that uses a variety of strategies.

B1.2.2.7 Pursuant to 45 CFR s. 95.127, the Managing Entity shall ensure the provision of tuberculosis services, in compliance with Ch. 65D-30.004(9). F.A.C.

B1.2.2.8 Pursuant to 45 CFR s. 96.128, the Managing Entity shall ensure the provision of early intervention services for HIV and in compliance with Ch. 65D-30.004(9), F.A.C., and in accordance with Guidance 33 – HIV Early Intervention Services.

B1.2.2.9 Pursuant to 45 CFR s. 96.123(a)(7) and s. 96.132(b), the Managing Entity shall ensure that subcontracted Network Service Providers receive continuing education, and this shall be documented to demonstrate the provision of said education.

B1.2.2.10 Pursuant to 45 CFR s.96.123(a)(7) and s. 96.132(a), the Managing Entity shall develop and implement a process for improving referrals of individuals to the treatment modality that is most appropriate for the individuals.

B1.2.2.11 The Managing Entity shall ensure that each year, an evaluation of the procedures and activities undertaken to comply with the block grant requirements shall be completed.

http://www.ontrackny.org/Resources

B1.2.2.12 The Managing Entity shall ensure that each year, an assessment of need is undertaken that complies with the requirements of 45 CFR s. 96.133, and 42 U.S.C. s. 300x-1 for adults with a serious mental illness, and children with serious emotional disturbances.

B1.2.2.13 The Managing Entity shall ensure that block grant funding is not expended on the restricted activities pursuant to 45 CFR s. 96.135, 42 U.S.C. s. 300x-5, and 42 U.S.C. s.300x-31.

Restricted activities include, but are not necessarily limited to, the following. Managing Entitles may consult the Department for technical assistance to address allowability of specific cases before subcontracting.

B1.2.2.13.1 The CMHS block grant and the SAPT block grant may not be used to:

B1.2.2.13.1.1 Provide inpatient hospital services;

B1.2.2.13.1.2 Fund the enforcement of alcohol, tobacco, or drug laws;

B1.2.2.13.1.3 Make cash payments to intended recipients of health services;

B1.2.2.13.1.4 Purchase or improve land; purchase, construct, or permanently improve (other than minor remodeling) any building or other facility; or purchase major medical equipment;

B1.2.2.13.1.5 Satisfy any requirement for the expenditure of non-Federal funds as a condition for the receipt of Federal funds; or B1.2.2.13.1.6 Provide financial assistance to any entity other than a public or nonprofit private entity.

B1.2.2.13.2 Primary prevention set-aside funds from the SAPT block grant may not be used to:

B1.2.2.13.2.1 Provide Screening, Brief Intervention, and Referral to Treatment (SBIRT) programs; or B1.2.2.13.2.2 Provide Mental Health First Aid or Crisis Intervention Training programs.

B1.2.2.13.3 The CMHS block grant funds may be used to provide mental health treatment services to adults with serious mental illness and children with serious emotional disturbance within jails, prisons, and forensic settings, as long as these services are provided by programs that also treat the nonincarcerated community at-large and provide continuity of care through discharge planning and case management.

B1.2.2.13.4 The SAPT block grant may not be used to provide any services within prisons or jails.

B1.2.2.14 Pursuant to 42 U.S.C. s. 300x-3, the Managing Entity shall collaborate with the Department to ensure that members of the planning council are able to undertake their statutory duties. This will include the participation of the Council member at the Managing Entity Board meetings.

B1.2.2.15 Of the CMHS block grant, pursuant to the Consolidated Appropriations Act, 2021 and the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (P.L. 116- 260), not less than the amount specified in Exhibit F1 for “the CMHBG Core Crisis Services Set-Aside.”

B1.2.2.16 SAMHSA grant funds may not be used to purchase, prescribe, or…