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Item C15 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 9-18-2013 Division:—County Administrator. Bulk Item: Yes _X_ No Department: Social Services/-TrN 44rn<- Staff Contact Person/Phone#: Sheryl Graham/X45 10 AGENDA ITEM WORDING: Aged and Disabled Adult Medicaid Waiver(ADA-MW) Referral Agreement between the Alliance for Aging Inc. and the Monroe County Board of County Commissioners(Social Services/In-Home, Services)for Case Management ITEM BACKGROUND: Approval of the of the Aged and Disabled Adult M/W Referral Agreement will enable Monroe County In-Home Services to continue providing Case Management services to Monroe County's elderly population under the Aging and Disabled(ADA) Medicaid Waiver program. PREVIOUS RELEVANT BOCC ACTION: Prior approval granted to Aged and Disabled Adult Medicaid Waiver Referral Agreement on April 19,2006. CONTRACT/AGREEMENT CHANGES: none STAFF RECOMMENDATIONS: Approval TOTAL COST: approx.. $45,000.00 INDIRECT COST: _-0--BUDGETED: Yes X No COST TO COUNTY: $-0- SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County A,; t MMB/Purchg�ing X Risk Management!7 DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# Revised 1/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Alliance for Aging, Inc. Contract Effective Date: September 18,2013 Expiration Date: June 30,2014 Contract Purpose/Description: Approval of the Renewal of the Aged and Disabled Adult Medicaid Waiver (ADA-MW)Referral Agreement between the Alliance for Aging,Inc. and the Monroe County Board of County Commissioners(Social Services/In-Home Services)for Case Management Contract Manager: Sheryl Graham 4510 Social Services/Stop 1 (Name) (Ext.) (Department/Stop#) For BOCC meeting on 9/18/2013 Agenda Deadline: 9/3/2013 CONTRACT COSTS Total Dollar Value of Contract: Approx. $45,000.00 Current Year Portion: $ Budgeted?Yes X No 0 Account Codes: J - - Grant: Approx. $45,000.00(Fiscal Year) County Match: $-0- ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) {e .Maintenance,utilities,janitorial,salaries,etc) CONTRACT REVIEW Changes Date Out Date In Needed evi Division Director Yes 0 No 0 Risk Management yes❑ No O.M.B./Purchaging Yes❑ No _ County Attorney Yes❑ Now Comments: OMB Form Revised 2/27/01 MCP#2 HOME AND COMMUNITY BASED SERVICES AUG 0 9 3 AGED ANC? DISABLED ADULT(ADA) MEDICAID WAIVER y__A?4�_� CASE'MANAGEMENT REFERRAL'AGREEMENT B This Referral Agreement between the Alliance for Aging. Inc., the area agency on aging (AAA) for planning and service area (PSA) 11 and _Monroe County In-Home Services , a case management agency, shall begin on January 1, 2013 or on the date the agreement has been signed by both parties, whichever is later. This referral agreement is in effect for a period of time that is equal to the Medicaid waiver provider's enrollment period with the State of Florida's Medicaid fiscal agent and is contingent upon an annual appropriation by the Legislature. The purpose of this agreement is to enable eligible elderly participants to receive case management services from qualified providers with oversight of the quality of care by the Medicaid Waiver Specialist employed by the AAA. These services are authorized in order that the participant may remain in the least restrictive setting and avoid or delay premature nursing home placement. Services and care are to be furnished in a way that fosters the independence of each participant to facilitate aging in place. All parties agree that routines of care provision and service delivery must be consumer-driven to the maximum extent possible. All parties agree to and will treat each participant with dignity and respect. 1. Objectives A. To maintain a climate of cooperation and consultation with and between agencies, in order to achieve maximum efficiency and effectiveness. B. To participate together by means of shared information in the development and expansion of services. C. To promote programs and activities designed to prevent the premature institutionalization of elders and disabled adults. D. All parties recognize that the consumer retains the right to assume risk, tempered only by the individual's ability to assume responsibility for that risk. E. All parties recognize that the consumer retains the right to choose which enrolled case management agency he/she will receive services from. F. The parties of this agreement will provide technical assistance and consultation to each other on matters pertaining to actual service delivery and share appropriate assessment information and care plans so duplication will not occur. G. To establish an effective working relationship between the case management agency that is responsible for the development of care plans and authorization of services available under the waiver, the service provider that is responsible for the direct provision of those services to consumers served under the waiver program, and the AAA that is responsible for management and oversight of the waiver program. 11. Under this Agreement, the Area Agency on Aging agrees to the following: A. To facilitate the enrollment of providers with the Medicaid Fiscal Agent. B. To ensure the case management agency is an active Medicaid Waiver provider prior to serving any consumer under the Aged and Disabled Adult(ADA) Medicaid Waiver Program. C. To provide technical assistance and training to the case management agencies. D. To complete a new referral agreement signed by all parties when unit rate changes are approved. E. To assist the Department in conducting monitoring and other related management/administrative functions for compliance with state and federal laws and rules governing waiver program operations. F. To report any adverse incident reports to the Department within 48 hours of the incident being notified to the AAA.by the case management agency. G. To develop and maintain written policies and procedures, as necessary, to ensure necessary performance standards. H. To assist the ADRC (Aging and Disability Resource Center) in maintaining the Applicant (APPL) on the waitlist for Medicaid Home and Community Based Waiver Service Programs. I 1. Assist the Department in reporting follow-up for substantiated reports of abuse, neglect, and exploitation within 10 working days of receipt of the information. J. To review and correct the CIRTS (Client Information and Registration Tracking System) exception reports monthly and provide the Department with a summary of the resolutions, as requested. III. Under this Agreement, the Case Management Agency agrees to the following: A. Assign qualified case managers as contained in the ADA Medicaid Waiver to provide case management services under the Medicaid Nome and Community Based Waiver for Aged and Disabled Adults; Provider rates shall not exceed the approved negotiated rates that are at or below the service provider's contracted'rates. B. Develop and implement the Plan of Care specifically outlining the service(s) to be delivered that must be signed by the consumer. C. Adhere to the federal waiver requirements and policies and procedures outliners in the following manuals published by the Agency for Health Care Administration: the Florida Medicaid Aged and Disabled Adult Waiver Services Coverage and Limitations Handbook, Aged and Disabled Adult Waiver Procedure Codes and Fee Schedule, Aged and Disabled Adult Waiver Incontinence Fee Schedule and Quality Standards, Florida Medicaid Provider General Handbook, and Department of Elder Affairs Programs and Services Handbook including any and all attachments or updates D. Refer consumers to any qualified Service Providers as selected by the consumer. E. Issue written service authorizations to the service provider with at least 24 hours notice. The referral will contain at a minimum: 1. Name 2. Address(with directions if not easily accessible) 3. Pertinent information regarding consumer's health or disabilities and living situation 4. Detailed service description including frequency, duration and specific tasks to be performed. F. Evaluate quality of services and service documentation by the service provider. G. Accept financial responsibility for service claims found to be out of compliance if the non compliance was the result of a`failure by the case management agency to update, renew, or terminate the service authorization: H. Monitor service providers for adherence to authorized care plans, authorized reimbursement rates, and to ensure that the service provider is billing only for services authorized in the care plan. 1. Develop and implement a policy to ensure that its employees, board members, and management, will avoid any conflict of interest or the appearance of a conflict of interest when disbursing or using the funds described in this agreement or when contracting with another entity which will be paid by the funds described in this agreement. A conflict of interest includes, but is not limited to, receiving, or agreeing to receive, a direct or indirect benefit, or anything of value from a service provider,'consumer,'vendor, or any person wishing to benefit from the use or disbursement of funds. To avoid a conflict of interest, the case management agency must ensure that all individuals make a disclosure to the AAA of any relationship which may be a conflict of interest, within thirty (30) days of an individual's original appointment or placement on a board, or if the individual is serving as an incumbent, within thirty(30)days of the commencement of the agreement. J. To submit voided and/or adjusted claims no later than 45 days after either party has identified the error. The provider's refusal to adjust or void erroneous claims may result in termination of this agreement and/or referral to the Department, and will be referred to the Agency for Health Care Administration for appropriate action. K. Adhere to requirements contained in the Health Insurance Portability and Accountability Act (HIPPA , as applicable, and to maintain the waiver participant's confidentiality. L. To submit claim data for billing to the Medicaid fiscal agent after delivery of services has been accomplished. All services should be billed within 60 days after services have been provided or document reasons for delayed submission of claims. Such documentation shall be available for review by the area agency on aging or by the Department, upon request. 2 M. To submit claims for billing to the Medicaid fiscal agent at the agency's contracted rate, as per page 4 of this agreement. N. To report adverse incidents that affect the health, safety&welfare of a client to the AAA within 48 hours of its occurrence using the required reporting template as provided by the AAA. Adverse incidents may include injuries such as death, brain or spinal damage, permanent disfigurement, fracture or dislocation of bones or joints, and conditions requiring medical attention to which the client has not given informed consent, any condition that requires the transfer of the client within or outside an ALF or consumer's residence to a unit providing a more acute level of care due to the adverse incident not related to the client's condition prior to the incident, abuse, neglect or exploitation, resident elopement or an event that is reported to law enforcement(does not include Baker Act transport or deaths by natural causes). 0. To report any adverse incidents involving abuse, neglect, and exploitation to the Department of Children & Families (DCF). P. Participate in training arranged by the AAA, the Department, Department of Children and Families and/or Agency for Health Care Administration, as required. Q. To review and correct any CIRT (Client Information and Registration Tracking System) exception reports submitted by the AAA monthly by the stipulated time frame. R. Comply with any additional ADA Medicaid Waiver case management related requests for information from the Department regarding implementation of the Statewide Medicaid Managed Care Program (SMMCLTC). S. To submit written follow up of how the critical incidents as reported by the Department were addressed within 5 days of receiving the report from the AAA. Weekly reports/updates must be provided by the case management agency until the issue is resolved. T. To provide care plans and other documents for upload in a format specified by the Department prior to the transition period to SMMCLTC. Additional requirements must be met as follows: 1. To ensure coordination of care for consumers transitioning to SMMCLTC. 2. To share and pass records and information including current care plans, service authorizations, and optional 701 B assessments, as requested, by AHCA and/or the Department pursuant to the method and time frames requested by AHCA and/or the Department. 3. Failure to comply with the terms of this agreement may result in Medicaid payments being recouped or withheld for non-compliant case management providers. U. Notify the AAA of any change of ownership action at least 90 days prior to the effective date of closing. Medicaid Waiver provider numbers are non-transferable. V. The AAA may impose Department-approved sanctions for non-compliance with items of this agreement. IV. Under this agreement, the following services will be delivered by the Service provider in accordance with the plan of care or service authorization: Service Unit Rate County/Region Served A. Case Management_$45.00 an hour Monroe B. C. D. E. V. Termination In the event this agreement is terminated, the case management agency agrees to submit, at the time notice of intent to terminate is delivered, a plan that identifies procedures to ensure services to consumers will not be interrupted or suspended by the termination. 3 A. Termination at Will This agreement may be terminated by either party upon no less than thirty (30) calendar days notice, without cause, unless a lesser time is mutually agreed upon by both parties, in writing. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. B. Termination Because of Lack of Funds In the event funds to finance this agreement become unavailable, the area agency may terminate this agreement upon no less than twenty-four(24) hours notice in writing to the other party. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The area agency shall be the final authority as to the availability of funds. C. Termination for Breach Unless a breach is waived by the area agency in writing, or the parties fail to cure the breach within the time specified by the area agency, the area agency may, by written notice to the parties, terminate the agreement upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. In witness whereof, the parties have caused this 4 page agreement to be executed by their undersigned officials as duly authorized. Area Agency on Aging Case Management Agency signature signature Max'B. Rothman JI) LL.M. George Neu-gent print name print name President/CEO Mayor title title 9-1`8-2013 date date _�'�Z C Signature Raman Gastesi County Administrator 14 Aunust 2013 F UNTY AT REV' AST /r SSISTAT CCU Date 4 Graham-Sheryl From: Idarmis Perez <Perezi@AllianceForAging.org> Sent: Friday,August 09,2013 2:08 PM To: Albury=Dotti;Graham-Sheryl Cc: Idarmis Perez;Jill Rosenkranz Subject: FW:ADA-MW Case Management Referral Agreement I Attachments: ADA CM RA-2013.doc Hi, Since this agreement is due on 8/23/13, it may be good to have this one signed, as well and ratified in the same way that the ADA service provider agreement will be done during September. Please let me know if you have any;questions. Thank you. Idarmis Perez Medicaid Waiver Specialist Alliance for Aging 760 NW 107 Ave.,Ste.214 Miami,FL 33172 Telephone#:305-670-6500,ext.278 Fax#:305-222-4111 Email:oerezi@aliianceforaging.org From: Idarmis Perez Sent:Friday,August 09,2013 2:03 PM To:dcuetara@firstclualityhomecare.com;gengracio@firstgualityhomecare.com;Tatiana Pita;Carlos Martinez; VGarcia@myMiamiJewish.org;P-engracio@firstgualitvhomecare.com MONEY2@miamidade.gov; ECLERMO@miamidade.gov;Albury-Dotti@monroecounty-fl.gov•Graham-Shervl@monroecounty-fl.gov;Wilkes- Kim@monroecounty-fLgov;Nursingsouthnsc@cs.com Cc: Idarmis Perez;Jill Rosenkranz Subject:ADA- MW Case Management Referral Agreement Hi Everyone, Attached is the new ADA—MW Case Management Referral Agreement. This revised agreement includes new responsibilities as an ADA- MW Case Management Agency, as well as the Alliance's responsibilities. Please complete page 3 using the services and rates you are currently authorized to provide (this would only apply to case management and case aide services). If the information indicated on this page is different from what is currently authorized on file, the services and rates will be changed to reflect your current information. 1 Please read and sign agreement on page 4. Please return the original agreement by mail to the Alliance by August 23,2013, An executed copy will be returned to you once the agreement is signed by the Alliance's President/CEO. The agreement is effective the date executed by the Alliance. Please contact us if you have any questions. Thank you in advance for your cooperation. Idarmis Perez Medicaid Waiver Specialist Alliance for Aging 760 NW 107 Ave.,Ste.214 Miami,FL 33172 Telephone#:305-670-6500,ext.278 Fax#:305-222-4111 Email:perezi@allianceforaging.org 2 HOME AND COMMUNITY BASED SERVICES AGED AND DISABLED ADULT(ADA) MEDICAID WAIVER CASE MANAGEMENT REFERRAL AGREEMENT This Referral Agreement between the Alliance for`Aging. Inc. the area agency on aging (AAA) for planning and service area (PSA) 11 andS&ViLn- , a ease management agency, shall begin on July 1, 2004 or on the date`the agreement has been signed by both parties,whichever is later. This referral agreement is in effect for a period of time that is equal to the Medicaid waiver provider's enrollment period with the State of Florida's Medicaid fiscal agent and is contingent upon an annual appropriation by the Legislature. The purpose of this agreement is to enable eligible elderly participants to receive case management services from qualified providers with oversight of the quality of care by the Medicaid Waiver Specialist employed by the AAA. These services are authorized in order that the participant may remain in the least restrictive setting and avoid or delay premature nursing home placement. Services and care are to be furnished in a way that fosters the independence of each participant to facilitate aging in place. All parties agree that routines of care provision and service delivery must be consumer-driven to the maximum extent possible. All parties agree to and will treat each participant with dignity and respect. 1. Objectives A. To maintain a climate of cooperation and consultation with and between agencies, in order to achieve maximum efficiency and effectiveness. B. To participate together by means of shared information in the development and expansion of services. C. To promote programs and activities designed to prevent' the premature institutionalization of elders and disabled adults. D. The parties of this agreement will provide technical assistance and consultation to each other on matters pertaining to actual service delivery and share appropriate assessment information and care plans so duplication may not occur. E. To establish an effective working relationship between the case management agency that is responsible for the development of care plans and authorization of services available under the waiver, the service provider that is responsible for the direct,provision of those services to consumers served under the waiver program,'and the AAA that is responsible for management and oversight of the waiver program. 11. Under this Agreement,the Area Agency on Aging agrees to the following: A. To facilitate the enrollment of providers with the Medicaid Fiscal Argent, B. To ensure the case management agency is an active Medicaid provider prior to serving any consumer under the Aged and Disabled Adult (ADA) Medicaid Waiver and Assisted Living for Frail Elderly(ALE) Medicaid Waiver Programs and any other Medicaid Waiver program that may be approved by the Centers for Medicaid and Medicare Services (CMS) and implemented in the State of Florida. C. To provide technical assistance and training to the case management agencies. D. To provide on site monitoring of the case management agency at least semi-annually. E. To monitor and project Provider expenditures to assure spending is maintained within spending authority. F. To complete a new referral agreement signed by all parties when unit rate changes are approved. 111. Under this Agreement the Case Management Agency agrees to the following: A. Assign qualified case managers as contained in the ADA Medicaid Waiver to provide case management services under the Medicaid Home and Community Eased Waiver for Aged and Disabled Adults. Provider rates shall not exceed the approved negotiated rates that are at or below the service provider's contracted rates. B. Develop and implement the Plan of Care specifically outlining the service(s) to be delivered that i must be signed by the consumer. C. Adhere to the federal waiver requirements and policies and procedures outlined in the following manuals,published by the Agency for Health Care Administration: Aged and Disabled Adult Waiver Guidelines and the Medicaid Provider Reimbursement Handbook (Non-Institutional 081). including any and all attachments or updates. D. Provide to the AAA a monthly summary of Aged and Disabled Adult Medicaid Waiver expenditures billed and accrued. E. Refer consumers to any qualified Service Provider as selected by the consumer. F. Issue written service authorizations to the service provider with at least 24 hours notice. The referral will contain at a minimum. 1.Name 2.Address(with directions if not easily accessible) 3. Pertinent information regarding consumer's health or disabilities and living situation 4. Detailed service description including frequency, duration and specific tasks to be performed. G. Evaluate quality of services and service documentation by the service provider. H. Accept financial responsibility for service claims found to be out of compliance if the non compliance was the result of a failure by the case management agency to update, renew, or terminate the service authorization. 1. To forward a monthly expenditure tracking report to the area agency no later than the date agreed upon by both parties. J. Monitor service providers for adherence to authorized care plans, authorized reimbursement rates, and to ensure that the service provider is billing only for services authorized in the care plan. K. Develop and implement a,policy to ensure that its employees, board members, and management, will avoid any conflict of interest or the appearance of a conflict of interest when disbursing or using the funds described in this agreement or when contracting with another entity which will be paid by the funds described In this agreement.A conflict of interest includes,but is not limited to, receiving, or agreeing to receive, a direct or indirect benefit, or anything of value from a service provider, consumer, vendor,or any person wishing to benefit from the use or disbursement of funds. To avoid a conflict of interest, the case management agency must ensure that all individuals make a disclosure to the AAA of any relationship which may be a conflict of interest, within thirty (30) days of an Individual's original appointment or placement on a board, or if the individual is serving as an incumbent,within thirty(30)days of the commencement of the agreement. L. To submit void or adjustment claims no later than 45 days after either party has identified the error. The provider's refusal to adjust or void erroneous claims may result in termination of this agreement and/or referral to the department, and will be referred to the Agency for Health Care Administration for appropriate action. M. The AAA may impose department-approved sanctions for non-compliance with items of this agreement. IV. Under this agreement, the following services will be delivered by the Service provider in accordance with the plan of care or service authorization: Service Unit Rate County/Region Served' A. Case Management $45.00/hr Monroe B. C. D. E. 2 a a V.Termination In the event this agreement is terminated, the case management agency agrees to submit, at the time notice of intent to terminate is delivered, a plan which identifies procedures to ensure services to consumers will not be interrupted or suspended by the termination. A. Termination at Will This agreement may be terminated by any party upon no less than thirty(30)calendar days notice,without cause, unless a lesser time is mutually agreed upon by both parties,in writing. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. B. Termination Because of Lack of Funds In the event funds to finance this agreement become unavailable, the area agency may terminate this agreement upon no less than twenty-four(24)hours notice in writing to the other party. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The area agency shall be the final authority as to the availability of funds. C. Termination for Breach Unless a breach is waived by the area agency in writing, or the parties fall to cure the breach within the time specified by the area agency, the area agency may, by written notice to the parties, terminate the agreement upon no less than twenty-four(24)hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. VI. Agreement Not withstanding the effective date as determined in the First Paragraph of this agreement, this contract is retroactive to July 1, 2004. In witness whereof,the parties have caused this 3 page agreement to be executed by their undersigned officials as duly authorized. Area Agency on Aging' Service P o der ignature J--- signature Steven Weisberg, M.S. Charles "S nny" McCoy_ Print name Print name President/CEO Mayer Title Title 5�� )1�, � Zoos Date Date L QUWX MONROE COUN " EY A PROVED AS TO FORM: SUS M. GRIMSLE ASSISTA COUNTY ATTORNEY 3 of F Alliance for Aging, Inc. Area Agency on Aging ji)r Miami-Dade and Monroe Conntias Winston H.Lonsdale Max B.Rothman,JD. LL.M. Chain President and CEO TO: Kim Wilkes Monroe County In Home Services FROM: Idarmis Perez, Medicaid Waiver Specialist DATE: August 22,2013 REF: Home and Community Based Services (HCBS)— ADA(Aged and Disabled Adults)— MW(Medicaid Waive Referral Agreement As we discussed today, enclosed are the 6 original copies of the Case Management Referral Agreements for Monroe County. Please refer to my email sent today regarding the deadline date by which all agreements should be returned to the Alliance. If you have any questions, please do not hesitate to contact me at (305)670-6500, ext. 278 Thank you very much. -01 alliance for Aging Inc. 76O Nib 107 Ave.,Ste.214 Miami,FL 33172 HOARD OF COUNTY COMIVftISSIONERS �^ Monroe George Neugent,District 2 County of Monroe Mayor Pro Tern,Heather CwrWx rs,Dis wt 3 Florida�e Danny L.Kolhage,District I Ile Keys David Rice,District 4 Sylvia J.Murphy,District 5 In Home services Program GAIO Buildng 1100 Simonton Street Room 1-189 Key West,R-33040 (305)292-4583 (305)292-4417 FAX Affiance for Aging,Inc. Idarmis Perez,Mermaid Waiver Specialist 760 NW 107d Avenue Suite 214 barn ,FL 33172 8/14/2013 Dear Idarmis: Enclosed are six(6),original copies of the ADA-MW Case Management Referral Agreement. This document has been approved by our County Attorney,and has been signed by the County Administrator. Please have Mr. Max Rothman execute them on the Alliance's behalf as soon as possible, as we need them back to us immediately so that we can get it on the next BOCC Agenda, for the Mayor to ratify. When Mr. Rothman signs the above mentioned document please send back five(5) executed original copies to Sheryl Graham's attention.' Since our County Administrator has already signed the agreement,after Mr. Rothman signs it will be official. Once on the agenda and the Mayor ratifies it, we will send you the final copies via Fed Ex to your attention. Thank you. Sincerely; Dotti Albury, Coordinator,Monroe County In-Home Services Program Cc: Sheryl Graham, Director, Monroe County Social Services