06/10/1998 Contract co , . •
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BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070
TEL. (305) 289-6027 KEY WEST, FLORIDA 33040 TEL. (305) 852 -7145
FAX (305) 289 -1745 TEL. (305) 292 -3550 FAX (305) 852 -7146
FAX (305) 295 -3660
MEMORANDUM
TO: Peter Horton, Director
Division of Community Services
Attention: Louie LaTorre, Social Services Director
FROM: Ruth Ann Jantzen, Deputy Clerk AV .
DATE: June 16, 1998
On June 10, 1998, the Board of County Commissioners granted approval and
authorized execution of a 1998 -1999 Community Care for the Elderly Contract, No. KG-
851E, between Monroe County and the Alliance for Aging, Inc., to continue to provide
necessary In -Home Services.
Enclosed please find two duplicate originals of the above Agreement, executed on
behalf of Monroe County. Please be sure that one fully executed copy is returned to this
office as soon as possible. I have also included a copy for your files.
If you have any questions concerning the above, please do not hesitate to
contact me.
Enclosure(s) 3
cc: County Attorney
Finance
County Administrator, w/o document
File
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Contract KG-851E
1998 -99 COMMUNITY CARE FOR THE ELDERLY CONTRACT IT c 71—
THIS CONTRACT is entered into between the Alliance for Aging, Inc., hereinafter referredrfb a he' 411iaAe ",
and the Monroe County Board of Commissioners, hereinafter referred to as the "providegc-
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The parties agree: '{ 7• N o
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The Provider Agrees:
A. Services to be Provided:
The approved Service Provider Application for the Community Care for the Elderly funds for
July 1, 1998 to June 30, 1999, 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 provider, and prescribe the services to be rendered by the provider.
B. Manner of Service Provision:
The services will be provided in a manner consistent with and described in the Service Provider
Application for the Community Care for the Elderly funds for July 1, 1998 to June 30, 1999
of the Monroe County Board of Commissioners and the Department of Elder Affairs Programs
Management Manual. In the event the manual is revised, the contract will incorporate any
such revision and the provider will be given a copy of the revision.
C. Federal Laws and Regulations:
1. The provider shall comply with the provisions of 45 CFR, Part 74, and /or 45 CFR, Part
92, and other regulations, if applicable.
2. The provider shall comply with the provisions of the U.S. Department of Labor,
Occupational Safety and Health Administration (OSHA) code, 29 CFR, Part 1910.1030.
D. Civil Rights Certification:
The provider gives this assurance in consideration of and for the purpose of obtaining federal
grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or
other federal financial assistance to programs or activities receiving or benefiting from federal
financial assistance. The provider agrees to complete the Civil Rights Compliance
Questionnaire, DOEA forms 101 A and B, if services are provided to clients and if fifteen (15)
or more persons are employed.
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The Provider assures it will comply with:
1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which
prohibits discrimination on the basis of race, color, or national origin in programs and
activities receiving or benefiting from federal financial assistance.
2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which
prohibits discrimination on the basis of handicap in programs and activities receiving
or benefiting from federal financial assistance.
3. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq.,
which prohibits discrimination on the basis of sex in education programs and activities
receiving or benefiting from federal financial assistance.
4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which
prohibits discrimination on the basis of age in programs or activities receiving or
benefiting from federal financial assistance.
5. Section 654 of the Omnibus Budget Reconciliation Act of 1981, as amended, 42
U.S.C. 9849, which prohibits discrimination on the basis of race, creed, color, national
origin, sex, handicap, political affiliation or beliefs in programs and activities receiving
or benefiting from federal financial assistance.
6. The Americans with Disabilities Act of 1990, 42 USC 12101, et. seq., which prohibits
discrimination against, and provides equal opportunities for individuals with disabilities,
in employment, public services, and public accommodations.
7. All regulations, guidelines, and standards as are now or may be lawfully adopted under
the above statutes.
8. The provider shall establish procedures to handle complaints of discrimination involving
services or benefits through this contract. The provider shall advise clients, employees,
and participants of the right to file a complaint, the right to appeal a denial or exclusion
from the services or benefits from this contract, and their right to a fair hearing.
Complaints of discrimination involving services or benefits through this contract may
also be filed with the Secretary of the Department of Elder Affairs or the appropriate
federal or state agency.
9. The provider further assures all contractors, subcontractors, subgrantees, or others
with whom it arranges to provide services, will comply with the above laws and
regulations.
E. Requirements of Section 287.058, Florida Statutes:
1. To submit bills for fees or other compensation for services or expenses in sufficient
detail for a proper pre -audit and post- audit.
2. To submit bills for any travel expenses in accordance with Section 112.061, Florida
Statutes.
3. To provide units of deliverables, including reports, findings, and drafts as specified in
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this contract and the Service Provider Application for the Community Care for the
Elderly funds for July 1, 1998 to June 30, 1999, to be received and accepted by the
contract manager prior to payment.
4. To allow public access to all documents, papers, letters, or other materials subject to
the provisions of Chapter 119, Florida Statutes, and made or received by the provider
in conjunction with this contract.
F. Withholdings and Other Benefits:
The provider is responsible for Social Security and Income Tax withholdings.
G. Indemnification:
If the provider is a state or local governmental entity, pursuant to subsection 768.28118)
Florida Statutes, the provisions of this section do not apply.
1. Provider agrees it will indemnify, defend, and hold harmless the Alliance and all of the
Alliance's officers, agents, and employees from any claim, loss, damage, cost, charge,
or expense arising out of any acts, actions, neglect or omission by the provider, its
agents, employees, or subcontractors during the performance of the contract, whether
direct or indirect, and whether to any person or property to which the Alliance or said
parties may be subject, that neither provider nor any of its subcontractors will be liable
under this section for damages arising out of injury or damage to persons or property
directly caused or resulting from the sole negligence of the Alliance or any of its
officers, agents, or employees.
2. Provider's obligation to indemnify, defend, and pay for the defense or, at the Alliance's
option, to participate and associate with the Alliance in the defense and trial of any
claim and any related settlement negotiations, shall be triggered by the Alliance's
notice of claim for indemnification to provider. Provider's inability to evaluate liability
or its evaluation of liability shall not excuse provider's duty to defend and indemnify the
Alliance, upon notice by the Alliance. Notice shall be given by registered or certified
mail, return receipt requested. Only an adjudication or judgment after the highest
appeal is exhausted specifically finding the Alliance solely negligent shall excuse
performance of this provision by providers. Provider shall pay all costs and fees related
to this obligation and its enforcement by the Alliance. The Alliance's failure to notify
provider of a claim shall not release provider of the above duty to defend.
H. Insurance and Bonding:
1. To provide adequate liability insurance coverage on a comprehensive basis and to hold
such liability insurance at all times during the existence of this contract. The provider
accepts full responsibility for identifying and determining the type(s) and extent of
liability insurance necessary to provide reasonable financial protections for the provider
and the clients to be served under this contract. Upon execution of this contract, the
provider shall furnish the Alliance written verification supporting both the determination
and existence of such insurance coverage. Such coverage may be provided by a self -
insurance program established and operating under the laws of the State of Florida.
The Alliance reserves the right to require additional insurance where appropriate.
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2. To furnish an insurance bond from a responsible commercial insurance company
covering all officers, directors, employees and agents of the provider authorized to
handle funds received or disbursed under this contract in an amount commensurate
with the funds handled, the degree of risk as determined by the insurance company and
consistent with good business practice.
3. If the provider is a state agency or subdivision as defined by section 768.28, Florida
Statutes, the provider shall furnish the Alliance, upon request, written verification of
liability protection in accordance with section 768.28, Florida Statutes. Nothing herein
shall be construed to extend any party's liability beyond that provided in section
768.28, Florida Statutes. (See also Indemnification Clause).
Abuse Neglect and Exploitation Reporting:
1. In compliance with Chapter 415, F.S., an employee of the provider who knows, or has
reasonable cause to suspect, that a child, aged person or disabled adult is or has been
abused, neglected, or exploited, shall immediately report such knowledge or suspicion
to the State of Florida's central abuse registry and tracking system on the statewide
toll -free telephone number (1-800-96ABUSE).
2. Pursuant to Section 430.205(5), Florida Statute, the provider will ensure that those
elderly persons who are determined by adult protective services to be elderly persons
in need of services, pursuant to s.415.1045(2)(b), or 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 providers and adult
protective services.
J. Transportation Disadvantaged:
If clients are to be transported under this contract, the provider will comply with the provisions
of Chapter 427, Florida Statutes, and Rule Chapter 41 -2, Florida Administrative Code.
K. Purchasing:
Any products or materials which are the subject of, or are required to carry out this contract
shall be procured in accordance with the provisions of Section 403.7065 and 287.045, Florida
Statutes.
L. Sponsorship:
As required in Section 286.25, Florida Statutes, if the provider is a nongovernmental
organization which sponsors a program financed wholly or in part by state funds, including any
funds obtained through this contract, it shall in publicizing, advertising or describing the
sponsorship of the program, state: Sponsored by the Monroe County Board of Commissioners,
the Alliance for Aging, and the State of Florida, Department of Elder Affairs ". If the
sponsorship reference is in written material the words "State of Florida, Department of Elder
Affairs" shall appear in the same size letters and type as the name of the organization.
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M. Use of Funds For Lobbying Prohibited:
To comply with the provisions of Section 216.347, Florida Statutes, which prohibit the
expenditures of contract funds for the purpose of lobbying the Legislature, a judicial branch or
a state agency.
N. Public Entity Crime; Denial or revocation of the right to transact business with public entities.
It is the intent of the legislature to place the following restrictions on the ability of persons
convicted of public entity crimes to transact business with the Alliance per section 287.133,
Florida Statutes:
A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services
to a public entity, may not submit a bid on a contract with a public entity for the construction
or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO
for a period of 36 months form the date of being placed on the convicted vendor list.
0. Employment
If the provider is a non - governmental organization, it is expressly understood and agreed the
provider will not knowingly employ unauthorized alien workers. Such employment constitutes
a violation of the employment provisions as determined pursuant to section 274A(e) of the
Immigration Nationality Act (INA), 8 U.S.C. s.1324 a (e)("section 274A(e) "). Violation of the
employment provisions as determined pursuant to section 274A(e) shall be grounds for
unilateral cancellation of this contract.
P. Audits and Records:
1. To maintain books, records, and documents (including electronic storage media) in
accordance with generally accepted accounting procedures and practices which
sufficiently and properly reflect all revenues and expenditures of funds provided by the
Alliance under this contract.
2. To assure these records shall be subject at all reasonable times to inspection, review,
audit, copy, or removal from premises by state personnel and other personnel duly
authorized by the Alliance, as well as by federal personnel, if applicable.
3. To maintain and file with the Alliance such progress, fiscal and inventory and other
reports as the Alliance may require within the period of this contract. Such reporting
requirements must be reasonable given the scope and purpose of this contract.
4. To submit management, program, and client identifiable data, as specified in the
Department of Elder Affairs Programs Management Manual. To assure, through
contractual provision in their subcontracts with direct service providers, program
specific data is recorded and submitted in accordance with Department of Elder Affairs
Client Information, Registration and Tracking System (CIRTS) Policy Guidelines.
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5. To provide a financial and compliance audit to the Alliance as specified in
ATTACHMENT I and to ensure all related party transactions are disclosed to the
auditor.
6. To include these aforementioned audit and record keeping requirements in all approved
subcontracts and assignments.
7. This contract is funded from a grants and aids appropriation.
Q. Retention of Records:
1. To retain all client records, financial records, supporting documents, statistical records,
and any other documents (including electronic storage media) pertinent to this contract
for a period of five (5) years after termination of this contract, or if an audit has been
initiated and audit findings have not been resolved at the end of five (5) years, the
records shall be retained until resolution of the audit findings.
2. Persons duly authorized by the Alliance and federal auditors, pursuant to 45 CFR, Part
92.42(e), (1), and (2), shall have full access to and the right to examine or duplicate
any of said records and documents during said retention period or as long as records
are retained, whichever is later.
R. Monitoring and Incident Reporting:
1. To provide progress reports, including data reporting requirements as specified by the
Alliance. These reports will be used for monitoring progress or performance of the
contractual services as specified in the approved Community Care for the Elderly
Service Provider Application for July 1, 1998 to June 30, 1999.
2. The Alliance will perform the required administrative monitoring of service providers in
accordance with the department's unit rate contract monitoring checklist.
3. To permit persons duly authorized by the Alliance to inspect any records, papers,
documents, facilities, goods and services of the provider which are relevant to this
contract, and /or interview any clients and employees of the provider to be assured of
satisfactory performance of the terms and conditions of this contract. Following such
inspection the Alliance will deliver to the provider a list of its concerns with regard to
the manner in which said goods or services are being provided. The provider will
rectify all noted deficiencies provided by the Alliance within the time set forth by the
Alliance, or provide the Alliance with a reasonable and acceptable justification for the
provider's failure to correct the noted shortcomings. The Alliance shall determine
whether such failure is reasonable and acceptable. The provider's failure to correct or
justify within a reasonable time as specified by the Alliance may result in the
withholding of payments, being deemed in breach or default, or termination of this
contract.
4. To perform required program and administrative monitoring of service providers.
Submission of monitoring reports will be in accordance with the Department of Elder
Affairs Programs Management Manual and the department's Administrative Monitoring
Instrument.
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5. The provider will notify the Alliance within 24 hours of any conditions that could impair
continued service delivery. Reportable conditions may 'include:
• proposed client terminations
• provider financial concerns /difficulties
• service documentation problems
• contract non - compliance
• service quality and consumer complaint trends.
The provider will provide the Alliance with a brief summary of the problem(s) and
proposed corrective action plans and time frames for implementation.
S. Safeguarding Information:
Except as provided for Alliance auditing and monitoring purposes, not to use or disclose any
information concerning a recipient of services under this contract for any purpose except upon
written consent of the recipient, or the recipient's authorized representative.
T. Assignments and Subcontracts:
1. Alliance approval of the provider's Service Application for the Community Care for the
Elderly funds for July 1, 1998 to June 30, 1999 shall constitute Alliance approval of
the provider subcontracts if the subcontracts follow the service and funding information
identified in the approved Service Provider Application. No such approval by the
Alliance of any assignment or subcontract shall be deemed in any event or in any
manner to obligate the Alliance beyond the total dollar amount agreed upon in this
contract. All such assignments or subcontracts shall be subject to the conditions of
this contract (except Section 1, Paragraph K.1., and Section 11., Paragraph B.) and to
any conditions of approval that the Alliance shall deem necessary. Section 1, Paragraph
N. is only applicable to state agencies or political subdivisions of the state.
2. Unless otherwise stated in the contract between the Alliance and the provider,
payments made by the Alliance to the provider must be within seven (7) working days
after receipt by the Alliance of full or partial payments from the Department of Elder
Affairs in accordance with section 287.0585, Florida Statutes. Failure to pay within
seven (7) working days will result in a penalty charged against the Alliance and paid
to the provider in the amount of one -half of one (1) percent of the amount due, per day
from the expiration of the period allowed herein for payment. Such penalty shall be in
addition to actual payments owed and shall not exceed fifteen (15) percent of the
outstanding balance due.
U. Final Request for Payment:
1. To submit the final request for payment to the Alliance no more than forty -five (45)
days after the contract ends or is terminated; if the provider fails to do so, all right to
payment is forfeited, and the Alliance will not honor any requests submitted after the
aforesaid time period. Any payment due under the terms of this contract may be
withheld until all reports due from the provider, and necessary adjustments thereto,
have been approved by the Alliance.
2. A final receipt and expenditure report as a closeout report will be forwarded to the
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Alliance within sixty (60) days after the contract ends or is terminated. All monies
which have been paid to the provider which have not been used to retire outstanding
obligations of the contract being closed out must be refunded to the Alliance along
with the final receipt and expenditure report.
V. Return of Funds:
1. To return to the Alliance any overpayments due to unearned funds or funds disallowed
pursuant to the terms of this contract that were disbursed to the provider by the
Alliance.
a. The provider shall return any overpayment to the Alliance within forty (40)
calendar days after either discovery by the provider, or notification by the
Alliance, of the overpayment.
b. In the event the provider or its independent auditor discovers an overpayment
has been made, the provider shall repay said overpayment within forty (40)
calendar days without prior notification from the Alliance. In the event that the
Alliance first discovers an overpayment has been made, the Alliance will notify
the provider by letter of such a finding.
2. Should repayment not be made in a timely manner, the Alliance will charge interest of
one (1) percent per month compounded on the outstanding balance forty (40) calendar
days after the date of notification or discovery.
I1. The Alliance Agrees:
A. Contract Amount:
Subject to the availability of funds, the Alliance will reimburse no more than a total dollar
amount of $531,990.00 for expenditures made in accordance with the approved budget for
Community Care for the Elderly funds to this contract. The Alliance's performance and
obligation to pay under this contract is contingent upon an annual appropriation by the
Legislature. The costs of services paid under any other contract or from any other source are
not eligible for reimbursement under this contract.
B. Contract Payment:
Pursuant to Section 215.422, Florida Statutes, the Alliance shall take no longer than five
working days to inspect and approve goods and services, unless bid specifications or the
contract specifies otherwise. With the exception of payments to health care providers for
hospital, medical, or other health care services, if payment is not available within 40 days,
measured from the latter of the date the invoice is received or the goods or services are
received, inspected and approved, a separate interest penalty set by the comptroller pursuant
to Section 55.03, Florida Statutes, will be due and payable in addition to the invoice amount.
Payments to health care providers for hospitals, medical or other health care services, shall be
made not more than 35 days from the date eligibility for payment is determined, and the
interest penalty is set by Subsection 215.422113), Florida Statutes. Invoices returned to a
vendor due to preparation errors will result in a payment delay. Invoice payment requirements
do not start until a properly completed invoice is provided to the Alliance.
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C. Vendor Ombudsman:
A Vendor Ombudsman has been established within the Department of Banking and Finance.
The duties of this individual include acting as an advocate for vendors who may be
experiencing problems in obtaining timely payment(s) from a state agency. The Vendor
Ombudsman may be contacted at (850) 488 -2924 or by calling the State Comptroller's Hotline,
1- 800 - 848 -3792.
III. Provider and Alliance Mutually Agree:
A. Effective Date:
1. This contract shall begin on July 1, 1998 or on the date the contract has been signed
by both parties, whichever is later.
2. This contract shall end on June 30, 1999.
B. Method of Payment:
1. This is a fixed rate - advance funding contract.
2. The Alliance shall make payment to the provider for a total dollar amount not to exceed
$531,990.00, subject to the availability of funds.
3. 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 Unit of Unit Maximum Maximum
Provided Service Rate Units Dollars
Case Mgmt 1 hour $38.919791 2,880 $112,089
Chore 1 hour $27.364451 3,010 $ 82,367
Homemaker 1 hour $20.292947 8,650 $175,534
Personal Care 1 hour $23.249104 4,394.75 $102,174
Respite 1 hour $17.475098 3,423.50 $ 59,826
4. Payment shall be on an advance basis in accordance with the Department of Elder
Affairs Programs Management Manual and ATTACHMENT II. All request for payment
and expenditure reports that will be 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 but replications must include all data elements in
the same format as included on department forms.
5. The provider may request a monthly advance 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 maintained in the contract managers 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
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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.
6. Advance funds may be temporarily invested by the provider in an insured interest
bearing account. All interest earned on contract fund advances must be returned to
the Alliance at the end of the first quarter of the contract period.
7. Any payment due by the Alliance under the terms of this contract may be withheld
pending the receipt and approval by the Alliance of all financial and programmatic
reports due from the provider and any adjustments thereto.
C. Termination:
1. Termination at Will
This contract 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.
2. Termination Because of Lack of Funds
In the event funds to finance this contract become unavailable, the Alliance may
terminate the contract upon no less than twenty -four (24) hours notice in writing to the
provider. Said notice shall be delivered by certified mail, return receipt requested, or
in person with proof of delivery. The Alliance shall be the final authority as to the
availability of funds.
3. Termination for Breach
Unless the provider's breach is waived by the Alliance in writing, or the provider fails
to cure the breach within the time specified by the Alliance, the Alliance may, by
written notice to the provider, terminate this contract 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. If applicable, the Alliance may employ
the default provisions in Chapter 60A- 1.006(3), Florida Administrative Code. Waiver
of breach of any provisions of this contract shall not be deemed to be a waiver of any
other breach and shall not be construed to be a modification of the terms of this
contract. The provisions herein do not limit the Alliance's right to remedies at law or
to damages.
D. Suspension:
1. Reasonable Cause
The Alliance may, for reasonable cause, temporarily suspend the use of funds by a
provider pending corrective action, or pending a decision of terminating the contract.
Reasonable cause is such cause as would compel a reasonable person to suspend the
use of funds pursuant to this contract; it includes, but is not limited to, the provider's
failure to permit inspection of records, provide reports, rectify deficiencies noted by
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the Alliance within the time specified by the Alliance, use funds as agreed in this
contract, or such other cause as might constitute breach of any of the terms of this
contract.
2. The Alliance may prohibit the provider from receiving further payments and may
prohibit the provider from incurring additional obligations of funds. The suspension
may apply to any part, or to all of the provider's obligations.
3. To suspend operations of the provider, the Alliance will notify the provider in writing
by certified mail of: the action taken; the reason(s) for such action; and the conditions
of the suspension. The notification will also indicate: corrective actions necessary to
remove the suspension; the provider's right to an administrative hearing; and, the
appropriate time period to request an administrative hearing before the effective date
of the suspension (unless provider actions warrant an immediate suspension).
E. Notice and Contact:
1. The name, address and telephone number of the contract manager for the Alliance for
this contract is:
John L. Stokesberry, Executive Director
9500 South Dadeland Boulevard
Suite 400
Miami, Florida 33156
(305) 670 -6500 SC 455 -6502
2. The name, address and telephone number of the representative of the provider
responsible for administration of the program under this contact is:
Louis LaTorre
5100 College Road - Wing III
Key West, FL 33040
(305) 292 -4420
3. In the event different representatives are designated by either party after execution of
this contract, notice of the name and address of the new representative will be
rendered in writing to the other party and said notification attached to originals of this
contract.
F. Renegotiation or Modification:
1. Modifications of provisions of this contract shall only be valid when they have been
reduced to writing and duly signed. The parties agree to renegotiate this contract if
revisions of any applicable laws, or regulations make changes in this contract
necessary.
2. The rate of payment and the total dollar amount may be adjusted retroactively to
reflect price level increases and changes in the rate of payment when these have been
established through the appropriations process and subsequently identified in the
Alliance's operating budget.
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G. Special Provisions:
1. Match
The total match for this contract period will be at least $59,110.00. The provider's
match will be made in the form of cash and /or inkind resources. At the end of the
contract period, all Community Care for the Elderly funds expended must be properly
matched.
2. Program Income
Program Income earned may be spent in the same year as earned. Any program
income funds not spent may be carried forward into the next fiscal year. Any prior
year program income carried forward must be spent in the following year.
3. State Laws and Regulations
a. The provider agrees to comply with applicable parts of Rule 58C -1, Florida
Administrative Code promulgated for administration of Sections 430.201
through 430.207, Florida Statutes and the Department of Elder Affairs
Programs Management Manual.
b. The provider 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. Property
a. Nonexpendable property is defined as tangible property of a nonconsumable
nature with an acquisition cost of $500 or more per unit, and expected useful
life of at least one year; and hardback bound books not circulated to students
or the general public, with a value or cost of $100 or more. Hardback books
with a value or cost of $25 or more should be classified as an OCO expenditure
only if they are circulated to students or to the general public.
b. All property, purchased under this contract or purchased by the Alliance and
received by the provider shall be listed on the property records of the provider.
Said listing shall include a description of the property, model number,
manufacturer's serial number, funding source, information needed to calculate
the federal and /state share, date of acquisition, unit cost, property inventory
number and information on the location, use and condition, transfer,
replacement or disposition of the property.
c. All purchased property shall be inventoried annually. An inventory report will
be submitted to the Alliance upon request by the Alliance.
d. Title (ownership) to all property acquired with funds from this contract or
otherwise purchased by the Alliance shall be vested in the Alliance upon
completion or termination of the contract.
e. At no time shall the provider dispose of nonexpendable property except with
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the permission of, and in accordance with instructions from the Alliance.
f. A budget amendment is required prior to the purchase of any item of
nonexpendable property not specifically listed in the originally approved budget.
g. Information Technology Resources
The provider must adhere to the Department of Elder Affairs' procedures and
standards when purchasing Information Technology Resources (ITR) as part of
this contract. An ITR worksheet is required for any computer related item
costing $500.00 or more, including data processing hardware, software,
services, supplies, maintenance, training, personnel and facilities. The provider
agrees to secure prior written approval through the contract manager from the
department's Information Systems director for the purchase of any ITR. The
provider will not be reimbursed for any purchases made prior to this written
approval on the ITR worksheet.
5. Reports
The provider agrees to submit an annual report as described in the Department of Elder
Affairs Programs Management Manual by August 17, 1999.
6. Copyright Clause
Where activities supported by this contract produce original writing, sound recordings,
pictorial reproductions, drawings or other graphic representation and works of any
similar nature, the Alliance has the right to use, duplicate and disclose such materials
in whole or part, in any manner, for any purpose whatsoever and to have others acting
on behalf of the Alliance do so.
If the materials so developed are subject to copyright, trademark or patent, then legal
title and every right, interest, claim or demand of any kind in and to any patent,
trademark, copyright, or application for the same, will vest in the State of Florida,
Department of State, for the exclusive use and benefit of the state. Pursuant to
Section 286.021, Florida Statutes, no person, firm or corporation, including parties to
this contract, shall be entitled to use the copyright, patent or trademark without the
prior written consent of the Department of State.
7. Grievance and Appeal Procedures
In accordance with ATTACHMENT III, Minimum Guide lines for Recipient Grievance
Procedures, the provider will have procedures for handling complaints from persons
who complain service has been denied, terminated or reduced improperly.
8. Investigation of Allegations
Any report that implies criminal intent on the part of this provider or any service
provider agency and referred to the state attorney must be sent to the Alliance. The
provider must investigate allegations regarding falsification of client information, service
records, payment requests, and other related information.
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9. Disaster
In preparation for the threat of an emergency event as defined in the State of Florida
Comprehensive Emergency Management Plan, the Department of Elder Affairs may
exercise authority over an area agency or service provider to implement preparedness
activities to improve the safety of the elderly in the threatened area and to secure area
agency and service provider facilities in order to minimize the potential impact of the
event. These actions will be within the existing roles and responsibilities of the area
agency and its service providers.
In the event the President of the United States or the Governor of the State of Florida
declares a disaster or state of emergency, the Department of Elder Affairs may exercise
authority over an area agency or service provider in order to implement emergency
relief measures and /or activities.
In either of these cases, only the Secretary, Deputy Secretary or his/ her designee of
the Department of Elder Affairs shall have such authority to order the implementation
of such measures. All actions directed by the department under this section shall be
for the purpose of ensuring the health, safety and welfare of the elderly in the potential
disaster area or actual disaster area.
The provider agrees to submit to the Alliance on an annual basis, and no later than
March 30th, a disaster preparedness and response plan which will include at a
minimum, the following:
a. Activities undertaken to educate clients and the community regarding disaster
preparedness and response, and the needs of the elderly.
b. Activities undertaken to identify the special needs of clients and how these will
be met in the event of a disaster.
c. Activities undertaken to participate with local, municipal and county agencies
to assist in the development of local disaster preparedness and response plans
which include the special needs of the elderly.
d. Specific plans developed for the continuation and /or suspension and resumption
of service in the event of a disaster.
10. Volunteers
The provider will promote the use of volunteers as prescribed in Section 430.07, Florida
Statutes. In addition, the provider will increase the use of volunteers in the planning
and service area by providing training, technical assistance and funding, where
possible.
11. Comprehensive Assessment Review and Evaluation for Long Term Care Services
(CARES) Program
Those persons who are functionally assessed by the Comprehensive Assessment
14
Review and Evaluation for Long Term Care Services (CARES) Program to be at
imminent risk of nursing home placement and referred to the Community Care for the
Elderly Program will have services started immediately. The Alliance and lead agencies
must shelter an adequate number of slots to serve these CARES referrals.
12. Business Hours
Area agencies and lead agencies must at a minimum maintain business hours from 8:00
AM to 5:00 PM daily, Monday through Friday.
13. Medicaid Waiver
The provider will, through the assessment by case managers, identify Medicaid eligible
CCE clients who meet Medicaid Waiver criteria and refer them to CARES and SSI
related Payments (if applicable) for approval for Medicaid Waiver services.
Approximately 44% of the general revenue funds necessary to support approved clients
will be transferred to match the 56% federal funds in order to increase provider
Medicaid Waiver spending authority to serve the clients. The identified funding for this
transfer activity will be reported to the area agency for submission to the department
by October 15 of the fiscal year.
14. Client Information, Registration and Tracking System (CIRTS) and Management
Information Systems
a. The Alliance shall employ a Local Area Network (LAN) Administrator who shall
assure area agency on aging compliance with the requirements of the "LAN
administrator Guidelines" adopted by the department. These "Guidelines"
delineate the roles and responsibilities of the Local Area Network Administrator.
The Alliance shall assure any other support necessary for full "LAN
Administrator Guidelines" compliance.
b. Area agencies will ensure the collection and maintenance of Community Care
for the Elderly (CCE) client and service information on a monthly basis from the
Client Information and Registration Tracking System (CIRTS). Maintenance
includes valid exports and backups of all data and systems according to
department standards.
c. Service provider agencies must enter all required data per the department's
CIRTS Policy Guidelines for CCE clients and services in the CIRTS. The data
must be entered into the CIRTS before the service provider agencies submit
their request for payment and expenditure reports to the Alliance. The Alliance
shall establish time frames to assure compliance with due dates for the
requests for payment and expenditure reports to the department.
d. Service provider agencies will run monthly CIRTS reports and verify that client
and service data in the CIRTS is accurate. This report must be submitted to
the Alliance with the monthly request for payment and expenditure report and
must be reviewed by the Alliance before the service provider's request for
payment and expenditure reports can be approved by the Alliance.
e. Failure to ensure the collection and maintenance of the CIRTS data may result
15
• i
in the Alliance enacting the "Suspension" clause of this contract (see Section
III, D.).
f. Each provider must anticipate and prepare for the loss of information
processing capabilities. The routine backing up of data and software is
required to recover from losses or outages of the computer system. Data and
software essential to the continued operation of agency functions must be
backed up. The security controls over the backup resources shall be as
stringent as the protection required of the primary resources.
15. Co- payment Collections
a. The Alliance will hold back 5 percent (5 %) of the provider contract amount
from the Requests for Payment within the first seven months of the contract
year. The amount of funds so held back shall be released to a provider upon
collection by the provider, by March 15, of 50 percent (50 %) of the total co-
payments projected for collection by the provider for the contract year.
b. Within three business days of March 15, the Alliance will determine which
providers have collected, on or before March 15, 50 percent (50 %) of their
total projected annual co- payments. The Alliance will release to each such
provider all funds so held back from such provider. The Alliance will reallocate
all funds held back from providers who fail, by March 15, to collect 50 percent
(50 %) of their total projected annual co- payments. All such funds held back
will be distributed pro rata only to providers who have collected, by March 15,
50 percent (50 %) of their total annual projected co- payments.
c. The Alliance will certify to the department, not later than April 1, that funds
held back pursuant to this clause have not been distributed to providers who
failed to meet their co- payment collection projections by March 15. Upon
failure of the Alliance to so certify by April 1, the department will reallocate
such funds among the PSA's for distribution to providers who have collected
at least 50 percent (50 %) of their projected annual co- payments on or before
March 15.
16. Client Outcomes
a. In preparation for performance -based program budgeting, the provider will
develop client outcome measures consistent with those developed by the
Alliance, including the following:
• Elders will live in the least restrictive and most appropriate setting
• Services will be provided to those elders most in need
• Frail elder functional status is maintained or improved
• Long -term care resources are efficiently and effectively used
• Client environment is maintained or improved
• Social interaction is improved
• Nutritional risk is reduced
• Caregiver emotional and physical health are maintained or improved
• Elders, families and /or caregivers are better informed so that elders are
better able to exercise autonomy and make informed choices
16
b. In preparation for performance -based program budgeting, the Alliance will set
targets for the performance of outcome measures. These targets will be
amended into contracts. The provider will be responsible for achieving these
targets.
H. Name, Mailing and Street Address of Payee:
1. The name (provider name as shown on page 1 of this contract) and mailing address of
the official payee to whom the payment shall be made:
Monroe County Board of Commissioners
5100 College Road - Wing III
Key West, FL 33040
2. The name of the contact person, street address and telephone number where financial
and administrative records are maintained:
Louis LaTorre
5100 College Road
Key West, FL 33040
(305) 292 -4420
17
I. All Terms and Conditions Included:
This contract and its attachments as referenced,
Attachment I: Financial and Compliance Audits
Attachment II: Advance /Reimbursement Schedule
Attachment III: Minimum Guidelines for Recipient Grievance Procedures
contain all the terms and conditions agreed upon by the parties.
IN WITNESS THEREOF, the parties hereto have caused this 23 page contract to be executed by their
undersigned officials as duly authorized.
MONROE COUNTY BOARD ALLIANCE FOR AGING, INC. FOR
PROVIDER: OF COMMISSIONERS DADE AND MONROE COUNTIES
BOARD PRESIDENT OR
AUTHORIZED DESIGNEE
SIG or / SIGNED Oa.
BY: _1 BY:
NAME: J ( L fJ NAME: WILLIS N. MURRAY
TITLE: r1 A TITLE: PRESIDENT
DATE: 41/d gb DATE: ‘71(
FEDERAL ID NUMBER: 59- 6000749
PROVIDER FISCAL YEAR ENDING DAT • y - ° 0
"P ED AS TO F • • (SEAL)
,,AL SUFFICI ATTEST: DANNY L. KOLHAGE, CLERK
{t NNE 4,10 BY 4 ..... ; k •
/1 ' ✓ D'' TY C K '
DATE
18
ATTACHMENT I
FINANCIAL AND COMPLIANCE AUDITS
This attachment is applicable, if the provider or grantee hereinafter referred to as provider, is any local government entity, nonprofit
organization, or for - profit organization.
PART I: SINGLE AUDIT
This part is applicable if the provider is a local government entity or nonprofit organization and receives a total of $25,000 or more
from the Alliance during its fiscal year. The provider has "received" funds when it has obtained cash from the Alliance or when it
has incurred expenses which will be reimbursed by the Alliance.
The provider agrees to have an annual financial and compliance audit performed by independent auditors in accordance with the
current Government Auditing Standards ( "Yellow Book ") issued by the Comptroller General of the United States. Local governments
shall comply with Office of Management and Budget (OMB) Circular A -128. Audits of State and Local Governments. Nonprofit
providers receiving federal funds passed through the Alliance shall comply with the audit requirements contained in OMB Circular
A -133 , Audits of Institutions of Higher Learning and Other Nonprofit Institutions, except as modified herein. Such audits shall cover
the entire organization for the organization's fiscal year, not to exceed 12 months. The scope of the audit performed shall include
the financial audit requirements of the "Yellow Book ", and must include reports on internal control and compliance. The audit report
shall include a schedule of financial assistance that discloses each state contract by number. An audit performed by the Auditor
General shall satisfy the requirements of this attachment.
Compliance findings related to contracts with the Alliance shall be based on the contract requirements, including any rules,
regulations, or statutes referenced in the contract. Where applicable, the audit report shall include a computation showing whether
or not matching requirements were met. All questioned costs and liabilities due to the Alliance shall be calculated and fully disclosed
in the audit report with reference to the Alliance contract involved. These requirements do not expand the scope of the audit as
prescribed by the "Yellow Book ".
If the provider has received any funds from a grants and aids appropriation, the provider will also submit a compliance reports(s) in
accordance with the rules of the Auditor General, chapter 10.600, and indicate on the schedule of financial assistance which
contracts are funded from state grants and aids appropriations.
Copies of the financial and compliance audit report, management letter, and all other correspondence, if any, related to audits
performed by independent auditors, other than the Auditor General, shall be submitted within 180 days after the end of the provider's
fiscal year, unless otherwise required by Florida Statutes, to the following:
A. John L. Stokesberry, Contract Manager for the Alliance (Two Copies)
9500 South Dadeland Boulevard, Suite 400
Miami, Florida 33156
B. Submit to this address only those reports prepared in accordance with OMB Circular A -133:
Federal Audit Clearinghouse
U.S. Bureau of the Census
Jeffersonville, Indiana 47132
C. Submit to this address only those reports prepared in accordance with the rules of the Auditor General, chapter 10.600:
Jim Dwyer
Office of the Auditor General
P.O. Box 1735
Tallahassee, Florida 32302
The provider shall ensure that audit working papers are made available to the Alliance, or its designee, upon request for a period of
five years from the date the audit report is issued, unless extended in writing by the Alliance.
DOEA -104A
9/30/92
19
PART II : GRANTS AND AIDS AUDIT /ATTESTATION
This part is applicable if the provider is awarded funds from a grants and aid appropriation, and is either (1) a local government entity
or nonprofit organization receiving a total of Tess than $25,000 from the Alliance during its fiscal year or (2) a for - profit organization
receiving any amount from the Alliance. The provider has "received" funds when it has obtained cash from the Alliance or when
it has incurred expenses which will be reimbursed by the Alliance.
If the amount received from grants and aids appropriation awards exceeds $100,000, the provider agrees to have an audit performed
by an independent certified public accountant and submit a compliance report(s) in accordance with the rules of the Auditor General,
chapter 10.600. The audit report shall include a schedule of financial assistance that discloses each state contract by number and
indicates which contracts are funded from state grants and aids appropriations.
Compliance findings related to contracts with the Alliance shall be based on the contract requirements, including any rules,
regulations, or statutes referenced in the contract. Where applicable, the audit report shall include a computation showing whether
or not matching requirements were met. All questioned costs and liabilities due to the Alliance shall be calculated and fully disclosed
in the audit report with reference to the Alliance contract involved.
If the amount received from grants and aids appropriation awards exceeds $25,000, but does not exceed $100,000, the provider
may have an audit as described above or have a statement prepared by an independent certified public accountant which attests that
the provider has complied with the provisions of all contracts funded by a grants and aids appropriation.
If the amount received from grants and aids appropriation awards does not exceed $25,000, the provider will have the head of the
entity or organization attest, under penalties of perjury, that the organization has complied with the provisions of all contracts funded
by a grants and aids appropriation.
Copies of the audit report and all other correspondence, if any, related to audits performed by the independent auditor, or the
attestation statement, shall be submitted within 180 days after the provider's fiscal year end to the following:
A. John L.Stokesberry, Contract Manager for the Alliance (Two copies)
9500 South Dadeland Boulevard, Suite 400
Miami, Florida 33156
B. Jim Dwyer
Office of the Auditor General
P.O. Box 1735
Tallahassee, Florida 32302
The provider shall ensure that audit working papers are made available to the Alliance, or its designee, upon request for a period of
five years from the date the audit report is issued, unless extended in writing by the Alliance.
PART 01: NO AUDIT REQUIREMENT
This part is applicable if the provider is not awarded funds from a grants and aids appropriation, and is either (1) a local government
entity or nonprofit organization receiving a total of less than $25,000 from the Alliance during its fiscal year or (2) a for - profit
organization receiving any amount from the Alliance. The provider has "received" funds when it has obtained cash from the Alliance
or when it has incurred expenses which will be reimbursed by the Alliance.
The provider has no audit or attestation statement required by this attachment.
DOEA -1048
9/30/92
20
r
•
ATTACHMENT 11
CONTRACT REPORT CALENDAR
ADVANCE BASIS CONTRACT
COMMUNITY CARE FOR THE ELDERLY
Submit to
Alliance on
Report This Date
Number Month Based On Date
1 July Advance* July 1
2 August Advance* July 1
3 September July Expenditure Report August 15
4 October August Expenditure Report September 15
5 November September Expenditure Report October 15
6 December October Expenditure Report November 15
7 January November Expenditure Report December 15 ''-
8 February December Expenditure Report January 15
9 March January Expenditure Report February 15
10 April February Expenditure Report March 15
11 May March Expenditure Report April 15
12 June April Expenditure Report May 15
13 July Adv. Recon. ** May Expenditure Report June 15
14 Aug. Adv. Recon. ** June Expenditure Report July 15
15 * * Final Request for Payment August 14
16 ** Closeout Report September 29
Legend: * Advance based on projected cash need.
* * Submission of expenditure reports may or may not generate a payment request. If final
expenditure report reflects funds due back to the Alliance, payment is to accompany the report.
{
Note # 1: Report #1 for Advance Basis Contracts cannot be submitted until the contract with the Alliance
has been executed.
Note # 2: A final request for payment may be submitted to the Alliance by the provider up to 45 days
after the contract has ended.
Note # 3: The last two months of the provider's fiscal reports covering actual expenditures should reflect
an adjustment repaying advances for the first two months of the contract.
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•
ATTACHMENT III
MINIMUM GUIDELINES FOR RECIPIENT GRIEVANCE PROCEDURES
APPLICABLE TO ALL ACTIONS DEEMED TERMINATIONS, SUSPENSIONS, OR REDUCTIONS IN
SERVICE: TRANSFERS OR DISCHARGES: AND ADVERSE DETERMINATIONS RELATING TO
SCREENING OR ANNUAL REVIEW.
NOTICE OF DECISION OF ACTON TO BE TAKEN AND EXPLANATION OF THE GRIEVANCE PROCEDURE FOR
REVIEWING THAT DECISION
• Notice of decision and an explanation of the grievance procedure must be mailed no Tess than 30 calendar*
days prior to the date action will be taken. Prior notice is not applicable where the health or safety of the
individual is endangered if action is not taken immediately; however, notice must be made as soon thereafter
as practicable.
• The Notice must contain:
a statement of what action is intended to be taken;
the reasons for the intended action;
the specific law, rule, regulation, or change of law that requires the action;
an explanation of the individual's right to a grievance review if requested in writing and delivered within
14 calendar* days of the Notice postmark (assistance in writing, submitting and delivering the request
must be offered and available to the individual), the individual's right, after a grievance review, for
further appeal, the right to seek redress through the courts if applicable;
an explanation of the circumstances under which current benefits, if any, are continued if a grievance
review is requested, and until a final decision is made to discontinue services; and
a statement that the individual may represent herself or use legal counsel, a relative, a friend, or other
qualified representative in the requested review proceedings.
• All records of the above activities must be preserved and remain confidential.
GRIEVANCE REVIEW PROCEDURE UPON TIMELY RECEIPT OF A WRITTEN REQUEST FOR REVIEW
• Within 7 calendar* days of the receipt of a request for review, the provider must acknowledge receipt of the
request by a written statement delivered to the requester. This statement must also provide notice of:
the time and place scheduled for the review;
the designation of one or more impartial reviewers who have not been involved in the decision at issue;
the opportunity to examine, at a reasonable time before the review, the individual's own case
record, and to a copy of such case record at no cost to the individual;
the opportunity to informally present argument, evidence, or witnesses without undue interference
at a reasonable time before or during the review;
a contact person for any accommodations required under the Americans with Disabilities Act;
assistance, if needed, in order to attend the review; and
the stopping of the intended action until all appeals are exhausted.
• All grievance reviews must be conducted at a reasonable time, date and place by one or more impartial
reviewers who have not been directly involved in the initial determination of the action in question.
• The reviewer(s) must provide written notification to the requester within 7 calendar* days after the grievance
review of:
the decision, stating the reasons therefore in detail;
the effect the decision has on current benefits, if favorable, or the circumstances regarding
22
e
continuation of current benefits until all appeals are exhausted;
the individual's right to appeal an adverse decision to the Area Agency on Aging by written request
within 7 calendar* days;
the availability of assistance in writing, submitting and delivering the appeal to the appropriate agency;
the opportunity to be represented by herself or by legal counsel, a relative, a friend or other qualified
representative.
PROCEDURE FOR APPEALS OF A GRIEVANCE REVIEW DECISION UPON TIMELY RECEIPT OF A WRITTEN APPEAL
TO THE AREA AGENCY ON AGING
• Within 7 calendar* days of the receipt of a notice of appeal of a grievance review decision, the AAA must
acknowledge receipt of the notice of appeal by a written statement delivered to the appellant. This statement
must also provide notice of:
the time and place scheduled for the appeal;
the designation of one or more impartial AAA officials who have not been involved in the
decision at issue;
the opportunity to examine at a reasonable time before the appeal the individual's own case record
to date, and to a copy of such case record at no cost to the individual;
the opportunity to informally present argument, evidence, or witnesses without undue interference
during the appeal;
assistance, if needed, in order to attend the appeal; and
the stopping of the intended action until all appeals are exhausted.
• All appeals of grievance reviews must be conducted at a reasonable time, date and place by one or more
impartial AAA officials who have not been directly involved in the initial determination of the action in question.
• The designated AAA official(s) must provide written notification to the requester within 7 calendar* days after
considering the grievance review appeal of:
the decision, stating the reasons therefore in detail;
the effect the decision has on current benefits, if favorable, or the circumstances regarding
continuation of current benefits until all appeals are exhausted;
the individual's right to appeal, if applicable; and
the availability of assistance in requesting a fair hearing, including a notice regarding accommodations
as required by the ADA.
Except for Medicaid Waiver actions, the decision of the AAA shall be the final decision. For Medicaid
Waiver actions, the written notification must also provide notice of the individual's right to appeal an
adverse decision to the Agency on Health Care Administration (AHCA) for a fair hearing procedure
(Medicaid Waiver actions only).
• All records of the above activities must be preserved and remain confidential.
• In computing any period of time prescribed or allowed by these guidelines, the last day of the period so computed
shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of
the next day which is neither a Saturday, Sunday, or legal holiday.
NOTE: ALSO SEE 42 C.F.R. 431.200 -.246 and AHCA Rules 59G- 1.0101851, (98) and (99), F.A.C., "Fair Hearings,"
"Grievance," and "Grievance Procedure."
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