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06/20/2007 Contract DANNYL. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: June 25, 2007 TO: Dotti Albury, Administrative Assistant Monroe County In-Home Services Program Pamela G. Han~ Deputy Clerk FROM: At the June 20, 2007, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Contract KG060 - Community Care for Disabled Adults (CCDA) Contract between the State of Florida, Department of Children & Families and the Monroe County Board of County CommissionerslMonroe County In-Home Services. This Contract is for Fiscal Year July I, 2007 through June 30, 2008. Alzheimer's Disease Initiative (ADI) Contract KZ797 between Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of County Commissioners (Community Services/In-Home Services) for Fiscal Year 7/1107 to 6/30/08. Home Care for the Elderly (HCE) Case Management Contract KH772 between the Alliance for Aging, Inc. and the Monroe County Board of County Commissioners (Monroe County Social Services/In-Home Services Program) for Fiscal Year July 1,2007 through June 30, 2008. /Community Care for the Elderly (CCE) Contract KC771 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of County Commissioners (Community Services/In-Home Services) for Fiscal Year 7/1107 to 6/30/08. Enclosed are four duplicate originals of the above-mentioned, executed on behalf of Monroe County, for your handling. Please be sure to return the fully executed "Monroe County Clerk's Office Original" and the "Monroe County Finance Department's Original" as soon as possible. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finan,ge w/o documents File! '''' .,..~_ """"'.,[""11 ~,'~" <<'\\M'::r!I~,,' AV;.t~ \\,.vu-x...l U......:~,;.i,i~. '!....:..~l'.:".:.J.' k,--"K>~".r""::''''.>o~' CONTRACT NUMBER KC 771 Page 1 COMMUNITY CARE FOR THE ELDERLY CONTRACT 2007-2008 THIS AGREEMENT is entered into between the Alliance for Aging, Inc., hereinafter referred to as the "Alliance," and Monroe County Board of Commissioners, hereinafter referred to as the "recipient." This agreement is subject to all provisions contained in the MASTER AGREEMENT executed between the Alliance and the Recipient, Agreement No. PA429, and its successor, incorporated herein by reference. I. Recipient Agrees: A. Services to be Provided: 1. The recipient's service provider application for state fiscal year 2007, and any revisions thereto approved by the Alliance and located in the contract manager's file, are incorporated by reference in this contract between the Alliance and the recipient, and prescribe the services to be rendered by the recipient. 2. Consumers may not be enrolled in a Department of Elder Affairs' state general revenue funded program, including CCE, who are also enrolled in a Medicaid capitated long-term care health plan or program. These programs include the Frail Elder Program operated by United Health Care, the Channeling Program operated by Miami Jewish Home and Hospital for the Aged, the Long Term Care Community Diversion Program operating in Planning and Service Areas 7 and 9. and the Program of All Inclusive Care for the Elderly (PACE) program scheduled to begin operation in the Miami-Dade County area. B. Manner of Service Provision: The services will be provided in a manner consistent with and described in the recipient's service provider application for state fiscal year 2007 and the Department of Elder Affairs Home and Community Based Services Handbook dated 01/03. In the event the manual is revised, such revision will automatically be incorporated into the contract and the recipient will be given a copy of the revisions II. The Alliance Agrees: A. Contract Amount: To pay for services in an amount not to exceed $582.837.00. subject to the availability of funds. Obligation to Pay: The Alliance's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. B. Source of Funds: The costs of services paid under any other contract or from any other source are not eligible for reimbursement under this contract. The funds awarded to the recipient pursuant to this contract are in the state grants and aids appropriations. III. Recipient and Alliance Mutually Agree: 1 CONTRACT NUMBER KC 771 Page 2 A. Effective Date: 1. This contract shall begin on July 1, 2007 or on the date the contract has been signed by both parties, whichever is earlier. 2. Delivery of services shall end on June 30, 2008. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their undersigned officials as duly authorized. PROVIDER SIGNED BY: ALLIANCE FOR AGING, INC. ~.~. SIGNED NAME: Mario DiGennaro NAME: President & CEO TITLE: Mayor/Chairman TITLE: DATE: June 20, 2007 DATE: <-0 /26 / en ! I ATILEENE W CASSEL ASSISTANT COUN"9" ATTORNEY Date f'"7 - () ..... :J: = ..." 0 = 0 -' z )> <- ,- :;a ;:.": ('1 00z c: t':*') ~?z;:: r- I "' U) (:) (")0. ~...". ::;:u ". :.':) C~ . :x i71 :....<:-".1::'"~.: n 'Po 0 --q G") .--, r I'i N 0 )> en 2 CONTRACT NUMBER KC 771 Page 3 ATTACHMENT I COMMUNITY CARE FOR THE ELDERLY PROGRAM I. STATEMENT OF PURPOSE The Community Care for the Elderly (CCE) Program provides community-based services organized in a continuum of care to assist aged 60 + elders at risk of nursing home placement to live in the least restrictive environment suitable to their needs. II. SERVICES TO BE PROVIDED A. Services: 1. The recipient's service provider application for state fiscal year 2007, and any revisions thereto approved by the Alliance and located in the contract manager's file, are incorporated by reference in this contract between the Alliance and the recipient, and prescribe the services to be rendered by the recipient. 2. Consumers may not be enrolled in a Department of Elder Affairs' state general revenue funded program, including CCE, who are also enrolled in a Medicaid capitated long-term care health plan or program. These programs include the Frail Elder Program operated by United Health Care, the Channeling Program operated by Miami Jewish Home and Hospital for the Aged, the Long Term Care Community Diversion Program operating in Planning and Service Areas 7 and 9, and any other areas that may participate in the Long-Term Care Community Diversion program through expansion, and the Program of All Inclusive Care for the Elderly (PACE) program scheduled to begin operation in the Miami-Dade County area. B. Manner of Service Provision: The services to be provided are those described in the recipient's service provider application for state fiscal year 2007. All CCE services will be provided in a manner consistent with the conditions set down in the Department of Elder Affairs Home Community Based Services Handbook dated 01/03 and by the Alliance as determined by its Board of Directors. In the event either the handbook or the service provisions established by the Alliance is revised, such revision will automatically be incorporated into the contract and the recipient will be given a copy of the revisions. III. METHOD OF PAYMENT A. The method of payment in this contract is based on a fixed rate reimbursement for approved services. The recipient must ensure fixed rates include only those costs which are in accordance with all applicable state and federal statutes and regulations and are based on audited historical costs in instances where an independent audit is required. All requests for payment and expenditure reports submitted to support requests for payment shall be on DOEA forms 106C and 105C. Duplication or replication of both forms via data processing equipment is permissible, provided all data elements are in the same format as included on department forms. 3 CONTRACT NUMBER KC 771 Page 4 B. The> recipient shall maintain documentation to support payment requests which shall be available to the Comptroller, the Department of Elder Affairs, or the Alliance upon req uest. C. The recipient may request a monthly advance for service costs for each of the first two months of the contract period, based on anticipated cash needs. Detailed documentation justifying cash needs for advances must be submitted with the signed contract, approved by the Alliance, and maintained in the contract manager's file. All payment requests for the third through the twelfth months shall be based on the submission of monthly actual expenditure reports beginning with the first month of the contract. The schedule for submission of advance requests is ATTACHMENT II to this contract. Reconciliation and recouping of advances made under this contract are to be completed by the time the final payment is made. All advance payments are subject to the availability of funds. D. Advance funds may be temporarily invested by the recipient in an insured interest bearing account. All interest earned on contract fund advances must be returned to the Alliance within thirty (30) days of the end of the first quarter of the contract period. E. The Alliance shall make payment to the provider for provision of services up to a maximum number of units of service and at the rate(s) stated below: Service To Be Provided Unit Rate Maximum Maximum Units Dollars Case Management 53.06 1,799 $95,464 Homemaker 31.37 3,624 $213,689 Personal care 38.10 6,037 $250,016 Respite (in home) 24.26 852 $23,668 F. Any payment due by the Alliance under the terms of this contract may be withheld pending the receipt and approval by the Alliance of complete and accurate financial and programmatic reports due from the recipient and any adjustments thereto, including any disallowance not resolved as outlined in Section I.T. of the Master Agreement. IV. SPECIAL PROVISIONS A. State Laws and Regulations: 1. The recipient agrees to comply with applicable parts of Rule Chapter 58C-1, Fiorida Administrative Code promulgated for administration of Sections 430.201 through 430.207, Florida Statutes, and the Department of Elder Affairs Home and Community Based Services Handbook dated 01/03. 3. The recipient agrees to comply with the provisions of Sections 97.021 and 97.058, Florida Statutes, and all rules related thereto in the Florida Administrative Code. 4 CONTRACT NUMBER KC 771 Page 5 B. Assessment and Prioritization for Service Delivery for New Consumers: The following are the criteria to prioritize new consumers for service delivery. It is not the intent of the Department of Elder Affairs to remove existing clients from any program in order to serve new clients being assessed and prioritized for service delivery. 1. Abuse. Neglect and Exploitation: The recipient will ensure that pursuant to Section 430.205(5), Florida Statute, those elderly persons who are determined by adult protective services to be victims of abuse, neglect, or exploitation who are in need of immediate services to prevent further harm and are referred by adult protective services, will be given primary consideration for receiving Community Care for the Elderly Services. As used in this subsection, "primary consideration" means that an assessment and services must commence within 72 hours after referral to the department or as established in accordance with department contracts by local protocols developed between department service recipients and adult protective services. 2. Priority Criteria for Individuals in Nursing Homes in Receivership The recipient will ensure that pursuant to Section 400.126,(12), Florida Statute, those elderly persons determined through a CARES assessment to be a resident who could be cared for in a less restrictive setting or who do not meet the criteria for skilled or intermediate care in a nursing home, will be referred for such care, as appropriate for the resident. Residents referred pursuant to this subsection shall be given primary consideration for receiving services under the Community Care for the Elderly program in a manner as persons classified to receive such services pursuant to Section 430.205, Florida Statute. 3. Priority Criteria for Service Delivery: a) Individuals in nursing homes under Medicaid who could be transferred to the community; b) Individuals in nursing homes whose Medicare coverage is exhausted and may be diverted to the community; c) Individuals in nursing homes which are closing and can be discharged to the community; or el) Individuals whose mental or physical health condition has deteriorated to the degree self care is not possible, there is no capable caregiver and institutional placement will occur within 72 hours. 4. Priority Criteria for Service Delivery for Other Assessed Individuals: The assessment and provision of services should always consider the most cost effective means of service delivery. Service priority for individuals not included in groups one, two or three above, regardless of referral source, shall be determined through the department's client assessment form administered to each applicant, to the extent funding is available. First priority will be given to applicants at the higher 5 CONTRACT NUMBER KC 771 Page 6 levels of frailty and risk of nursing home placement. For individuals assessed at the same priority and risk of nursing home placement, priority will be given to applicants with the lesser ability to pay for services. 5. Referrals for Medicaid Waiver Services: a) The recipient must identify, through the consumer assessment, potential Medicaid eligibie CCE consumers and refer these individuals for Medicaid Waiver services. b) Individuals who have been identified as being potentially Medicaid Waiver eligible are required to apply for Medicaid Waiver services in order to receive CCE services and can only receive CCE services while the Medicaid Waiver eligibility determination is pending. If the consumer is found ineligible for Medicaid Waiver services for any reason other than failure to provide required documentation, they may continue to receive CCE services. c) Individuals who have been identified as being potentially Medicaid Waiver eligible must be advised of their responsibility to apply for Medicaid Waiver services as a condition of receiving CCE services while the eligibility determination is being processed. C. Co-payment Collections: 1. The recipient will establish annual co-payment goals. The Alliance has the option to withhold a portion of the recipient's Request for Payment if goals are not met according to the Department of Elder Affairs' co-payment guidelines. 2. Co-payments include only the amounts assessed consumers or the amounts consumers opt to contribute in lieu of an assessed co-payment. The contribution must be equal to or greater than the assessed co-payment. 3. Co-payments collected in the CCE program can be used as part of the local match. D. Match: The recipient will assure a match requirement of at least 10 percent of the cost for all Community Care for the Elderly services. The match will be made in the form of cash and/or in kind resources. At the end of the contract period. all Community Care for the Elderly funds expended must be properly matched. E. Service Cost Reports: The recipient will submit semi-annual service cost reports which reflect actual costs of providing each service by program. This report provides information for planning and negotiating unit rates. 6 CONTRACT KC 671 COMMUNITY CARE FOR THE ELDERLY PROGRAM Report Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Leqend: Note # 1: Note # 2: Page 7 ATTACHMENT II CONTRACT REPORT CALENDAR Based On July Advance * ............................................................. August Advance ** .... ......... ....... ..,........ ..... ............... ..... July Expenditure Report ............. .......... ............ ...... ........ August Expenditure Report ............................................. September Expenditure Report.. ............ .................. ........ October Expenditure Report ......................... ..... .......... .... November Expenditure Report ......................................... December Expenditure Report ..... ... ....................... ...... .... January Expenditure Report ............................................ February Expenditure Report........................................... March Expenditure Report ............................. ......... ......... April Expenditure Report ..... ............... ..... ............. ........... May Expenditure Report / July Advanced Reconciliation ** .... June Expenditure Report / August Advanced Reconciliation ** Final Expenditure and Closeout Report * Advance based on projected cash need. ** Submit To The Alliance On This Date July 1 July 1 August 15 September 15 October 15 November 15 December 15 January 15 February 15 March 15 April 15 May 15 June 15 July 15 July 20 Submission of expenditure reports mayor may not generate a payment request. If final expenditure report reflects funds due back to the Alliance, payment is to accompany the report. Report #1 for Advance Basis Contracts cannot be submitted to the Alliance prior to July 1 or until the contract with the Alliance has been executed. Actual submission of the vouchers to the Department of Elder Affairs is dependent on the accuracy of the expenditure report. The last two months of the recipient's fiscal reports covering actual expenditures should reflect an adjustment repaying advances for the first two months of the contract. 7 CONTRACT KC 671 Page 8 EXHIBIT A CCE/HCE REFERRAL PROTOCOL Issue: Referral/Activation in the Community and Home Care for the Elderly Programs. Policy: Referrals will be made based on availability of funds. Purpose: To ensure funding is spent expeditiously and consumers are given a choice of case management agencies, to the extent possible. Procedure: I. Roles and Responsibilities A. Alliance for Aging 1. Fiscal/Administration Department a. Monitors overall program and Lead Agency specific spending levels on a monthly basis to ensure the lead agencies are operating within the funding allocations b. Recommends potential cases for activation based on projected funding available by Lead Agency. c. Notifies Contract Management of availability of funds by Lead Agency. 2. Contract Management a. Uses the information from the Administration Department to select consumers from the waiting list for activation. b. Notifies the Elder Helpline. c. Monitors compliance with service standards and outcome measures. d. Reviews care plans and files per the File Review Policies and Procedures. e. Reviews data in CIRTS. 3. Elder Helpline: conducts screening and assessment to place consumers on the waiting lists as appropriate, works with Adult Protective Services to respond to high risk referrals, offers consumers choice of case management agency, makes appropriate referrals. B. Case Management Agency 1. Accepts referrals from the Elder Helpline. 2. Refers inquiries from consumers interested in services to the Elder Helpline for screening and assessment and placement on the waiting list. 3. Completes comprehensive assessments on new consumers and annual reassessment on existing consumers and develops care plans and reviews care plans semi-annually. 4. Authorizes service delivery and enters data into CIRTS. 5. Bills in CIRTS accordingly. 6. Monitors care plans in an effort to keep costs down while sustaining the individuals in the community. 8 CONTRACT KC 671 Page 9 II. Wait Listing New Consumers A. Elder Helpline conducts intake and completes a Telephone Screen on all consumers. 1. APS non-high risk referrals will be prioritized for services as per the Memorandum of Understanding. APS High Risk Referrals are not waitlisted. They are immediately referred for service to a Lead Agency on a rotation basis. APS cases are served for a maximum of 30 calendar days or less as appropriate. 2. Imminent Risk cases will be prioritized for activation after APS High Risk Referrals have been served. If budgetary constraints prevent opening new cases, clients will be placed on the assessed priority consumer list. Elder Helpline staff will contact the client on a monthly basis to determine if there has been a change in the client's situation. Elder Helpline staff will offer choice of case management agency as per #3 below. 3. Community Care and Home Care for the Elderly waiting list consumers will be given fact sheets on the Lead Agencies and a choice form so that they may select a case management agency of their choice prior to activation in the program once funding becomes available within the agency the client selects. The client has 30 calendar days from the date the choice form was mailed to make a choice. If the form is not returned within one month, the Elder Helpline will call the client to determine if the client is still interested and to verify the mailing address. The information package and the choice form will be mailed a second and final time. The client will have two weeks to return the signed choice form. If the form is not returned, the client will be terminated from the waiting list. 4. All other referrals will be waitlisted and prioritized, during which time the Elder Helpline will research other community resources. B. Appropriate HIPAA forms are sent to the client. III. Opening New Cases A. Regular CCE and HCE Clients 1. The Fiscal/Administration Department will monitor Lead Agency specific spending levels on a monthly basis to ensure each Lead Agency is operating within its quarterly funding allocation and spending authority as reflected under Attachment III. In addition, the department will do cost projections, and share the information with the Surplus/Deficit review committee to determine slot availability. Contract Management will be notified when funding is available and the number of new cases to be activated by Lead Agency. 2. Contract Management will run the Prioritized Risk Report to identify the consumers to be opened. The information will be entered in the Excel Referral Spreadsheet on the network and the Elder Helpline will be notified accordingly. 9 CONTRACT KC 671 Page 10 3. Based on available funding for each Lead Agency, the Elder Helpline will call consumers from the each Lead Agency's waiting list to inform them they are ready to be opened for services. If the client is no longer interested in receiving services the next client on the list will be contacted. 4. If the lead agency cannot activate the client due to the fact that it has exhausted its quarterly spending authority, the client will be given the choice of selecting an alternate case management agency that does have available funding. The client will be mailed fact sheets on the available Lead Agencies and a coded choice form which will need to be returned to the Elder Helpline within one week. a. Written Choice: If the form is returned, the written choice is documented in the Excel Referral Spreadsheet and the client CIRTS status will be changed from APCL to TAAS. The Activation Referral Form will then be sent to the Lead Agency selected by the consumer b. Verbal Choice: If the form is not returned within the week, the Elder Helpline will call the client to obtain a verbal choice. i. The verbal choice is documented in the Excel Referral spreadsheet and the client's CIRTS status will be changed from APCL to TAAS. The Activation Referral Form will then be sent to the Lead Agency selected by the client. A choice form indicating the verbal choice will be sent to the Lead Agency. The Lead Agency will have that form signed by the client and returned to the Elder Helpline along with the Activation Referral form indicating when services started. The Client Choice form and the Activation Referral form are to be returned to the Elder Helpline within two (2) weeks of receipt. Ii. If the written form is returned after the verbal choice was made and it is different from the verbal choice, the verbal choice will be honored. The client will be notified of the referral based on the verbal choice and informed that they can change agencies if they are still interested, after six (6) months. B. APS High Risk Referral: 1. During work hours, the Elder Helpline will check in CIRTS by Social Security Number, client name and then other identifying information as needed, to see if the person is in CIRTS. a. If the person is already in CIRTS being served by a Lead Agency, the referral will be made to that Lead Agency. b. If the CIRTS query shows the person is not being served by a specific Lead Agency, the referral will be made to the Lead Agency slated to receive a referral on a rotation basis. 2. DCF should notify the Elder Helpline if there is someone else in the home who may be receiving services. This person will aiso be checked in CIRTS 10 CONTRACT KC 671 Page 11 and if that person is receiving services from a Lead Agency, then the new referral will be made to that Lead Agency to avoid having more than one Lead Agency in the home. 3. Staff is on-call after hours using a beeper. The staff person on call will have the list of Lead Agencies, their on-call information and the rotation status and will make referrals accordingly. a. The next business day, the Elder Helpline will check CIRTS to see if that person is being served by another Lead Agency. b. In the event the person is being served by another Lead Agency, the Lead Agency that was contacted while on-call will be asked to terminate their involvement and a referral will be made to the existing Lead Agency. 4. The Lead Agency must return the Referral Form indicating the service start date to the Elder Helpline within two (2) weeks of receiving the faxed referral. If the Referral Form is not returned during that time, the Elder Helpline will follow up with the case management agency and notify Contract Management. 5. The Lead Agency will enter ACTV enrollment under their provider number in CIRTS. 6. The Elder Helpline will send copies of the Referral Forms to CARES for clients originating from them. IV. Clients Changing Case Management Agencies A. Frequency of Changes Consumers will be allowed to change case management agencies at the time of the six (6) month care plan review and at their annual re-assessment. Consumers will need to request a change of case management agency by the 1 a'h of the month in order for the change to be in effect by the 21st of the month. If the request is made after the 10th of the month, the change will take effect by the 21 ,t of the following month. B. Process for Changing 1. Requests to change case management agency must come from the client or their personal representative to the Elder Helpline who will offer choice. Requests made by the case management agency will not be honored and will be followed up on with the client by the Elder Helpline. 2. When consumers call the Elder Helpline to change case management agency, the reason for the change will be asked, if the consumer spoke with their case management agency about their concerns and if they would like to speak with someone else at that agency. 3. If the consumer does not want to speak with the case management agency and still wants to change, the Elder Helpline will offer the consumer the choice of agencies, sending them a fact sheet on each agency (unless they 11 CONTRACT KC 671 Page 12 already know who they want to change to) and a form to sign indicating their choice (a verbal choice will be accepted and followed up with a written form). The consumer will need to return the form by said date and the Elder Helpline will then make the referral using the Transfer Form. 4. If the consumer chooses to call the agency, nothing will be done until the consumer calls the Elder Helpline back requesting a change, at which time, the Elder Helpline will offer the consumer the choice of agencies, sending them a fact sheet on each agency and a form to sign indicating their choice. The consumer will need to return the form by said date and the Elder Helpline will then make the referral using the Transfer Form. 5. The Elder Helpline will send the Transfer Form to the selected Lead Agency and current Lead Agency. The new Lead Agency will fax a copy of the Transfer Form back to the Elder Helpline within two (2) weeks of referral indicating that necessary documentation was received from the current Lead Agency and the service start up date. 6. If the Elder Helpline does not receive the Transfer Form back from the new Lead Agency within 2 weeks from the fax date, it will follow up with the new Lead Agency and notify Contract Management. 7. The new Lead Agency will place a copy of the form in the consumer file. 8. The Elder Helpline will give a copy of the completed transfer form to MIS to change owner provider. 9. The old Lead Agency will terminate enrollment in CIRTS as of the 20'h of the month when the transfer is to take place. The new Lead Agency will activate enrollment in CIRTS as of the 21" of the month when the transfer is to take place. 10. Each Lead Agency will need to notify its respective vendors of the termination and/or activation of services for the transferred client as appropriate. 11. The Elder Helpline will send copies of the Transfer Form to CARES for consumers originating from them. 13. Consumers who are active in the HCDA program and who turn 60 will be eligible for service under the HCE program if funding permits. Requests to open the consumer in the HCE program need to be made to the Elder Helpline. If funding is not available, these consumers will be waitlisted but will be given priority for opening. 12