Texas Department of Family and Protective Services
H. L. Whitman, Jr., Commissioner
Open Enrollment
For
Substance Use Disorder (SUD) Services
Enrollment Number: HHS0000019
Enrollment Period Opens: July 11, 2017
Enrollment Period Closes: August 31, 2022*
*Unless extended by DFPS
NIGP Class/Item Code:
952-06
TABLE OF CONTENTS
1.General Information
1.1.Introduction
1.2.Scope
1.3.DFPS Mission
1.4.Point of Contact
1.5.Procurement Schedule
1.6.Amendments and Announcements Regarding this PEN
1.7.Eligible Applicants
1.8.Delivery of Notices
2.Statement of Work
2.1.Program Purpose
2.2.Need for Service
2.3.Service Delivery Area(s)
2.4.Eligible Population
2.5.Client Characteristics
2.6.Minimum Qualifications
2.7.Insurance Standards
2.8.Service Authorization and Referral
2.9.Initial Contact
2.10.Missed or Cancelled Appointments
2.11.Major Service Deliverables
2.12.Develop, Manage, and Maintain Quality
2.13.Provide Contract Maintenance
2.14.Subcontractors
2.15.Required Record Keeping
2.16.Required Reports
2.17.Goal and Performance Measures
2.18.Continuity of Treatment Care
3.Utilization and Compensation
3.1.Utilization
3.2.Compensation
3.3.Invoicing Process
3.4.Sufficient Resources
4.Historically Underutilized Businesses (HUB)
5.Response Information and Requirements
5.1.Use of Ideas by the State of Texas
5.2.Property of DFPS
5.3.Copyright Restrictions
5.4.News Releases
5.5.Hold Firm Statement
5.6.Costs Incurred
5.7.Attached Terms
5.8.Errors within PEN
5.9.PEN Cancellation/Partial Award/Non-Award
5.10.Right to Reject Responses or Portions of Reponses
5.11.Amendments to Responses
5.12.Joint Responses
5.13.Withdrawal of Responses
5.14.Debriefing
5.15.Protest Procedures
5.16.Written Questions
5.17.Response Submission Instructions
6.Evaluation
6.1.Screening
6.2.Best Value Factors
6.3.Non-Responsive Applications
6.4.Corrections to a Response
6.5.Review and Validation of Applications
6.6.Additional Information
6.7.Contract Award
7.Glossary...... 39
8.DOCUMENT EXHIBIT LIST...... 48
Exhibit A DFPS Vendor Contract Terms Conditions
Exhibit B DFPS Vendor Special Conditions
Exhibit C DFPS General Affirmations
Exhibit D DFPS Service Delivery Areas-Texas and Regional Maps
Exhibit E Performance Measures
Exhibit F Fee Schedule
1.General Information
1.1.Introduction
1.1.1.Provider Enrollment (PEN) and Resulting Contract
This PEN, Enrollment Number HHS0000019, begins with §1 and concludes with §8.
The contracts resulting from this PEN consist of this solicitation document, the Application and Contract (Form 2280PEN); supporting documents submitted by the Applicant, contract plans, and all attachments and forms named and incorporated by reference. Accordingly, some language may be written in a manner that presents content as contractual language, rather than provider enrollment solicitation language, but should be regarded as applicable to both the PEN and the resulting Contract.
1.1.2.Terms and Conditions
The terms and conditions outlined throughout this solicitation govern the PEN and any resulting contract. Any Contract awarded under this PEN includes the following:
- The current version of DFPS Vendor Uniform Terms and Conditions (UTC) -
Form 5645V which Contractor can access at Section 8, Exhibit A.
- Form 5622V – DFPS Vendor Special Conditions -- which Contractor can access at Section 8, Exhibit B.
- DFPS General Affirmations - Form 5647, which contractor can access at Section 8, Exhibit C.
Subcontractors must also comply with applicableDFPS Vendor Uniform Terms and Conditions.
1.1.3.Effective Date of Contract
The effective date of a contract awarded from this PEN will be the date entered by DFPS after contract award on Form 2280PEN, Application and Contract.
1.1.4.Substance Use Disorder Services Background
Safety and well-being of children in Texas has always been the goal of the Department of Family and Protective Services (DFPS) and more specifically Child Protective Services (CPS). DFPS will use Substance Use Disorder(SUD) Servicesto help assess and treat adults; and make placement decisions that are in the best interest of the child.
Services procured under this solicitation are intended to support the safety of children based on the definition of a child being safe. A child is not safe when:
1.1.4.1.Threats of dangers exist in the familyrelated to substance use;
1.1.4.2.The child is vulnerable to such threats; and
1.1.4.3.The parent who is using substances does not have sufficient protective capacities to manage or control threats.
1.2.Scope
The State of Texas, by and through the Texas Department of Family and Protective Services (DFPS or the Department) and pursuant to its authority under Texas Human Resources Code §40.058, seeks to enter into contracts under its Child Protective Services (CPS) program withevaluation and treatment providers of substance use disorder services in accordance with the specifications contained in and referenced by this Provider Enrollment (PEN).
1.3.DFPS Mission
The mission of DFPS is to protect children, the elderly, and people with disabilities from abuse, neglect, and exploitation by working with clients, families, and communities.
1.4.Point of Contact
The Point of Contact for inquiries concerning this enrollment until the completion of the initial application screening is:
Procurement Manager:Reid Miller
CPS-PCS Regional Contracts Program Director
Email Address:
Phone: (325) 691-8267
Mailing Address: Texas Dept. of Family & Protective Services
3610 Vine Street, Office #212
Abilene, Texas 79602
Applicant must direct all communications and questions relating to this PEN to the Point of Contact named above. Applicants may not communicate with other DFPS staff members concerning this PEN. An Applicant's failure to comply with these requirements may result in DFPS disqualifying the Applicant from being eligible to receive a contract award under this procurement.
1.4.1.Application Delivery Options
Applicants are encouraged but not required to submit Application via email. See §5.18 for additional instructions regarding submission of responses to PEN.
1.4.1.1.Email
PEN response may be delivered electronically via email to:
1.4.1.2.Delivery Service
PEN response may be delivered in hard copy via a delivery service addressed as follows:
Table 1 - Delivery OptionsU.S. Postal Service and Overnight Express Mail or Hand Deliver
Texas Dept. of Family & Protective Services
3610 Vine Street
Abilene, Texas. 79602
Attn: Reid Miller
1.5.Procurement Schedule
All dates are subject to change at discretion of DFPS.
Table 2 - Procurement SchedulePENEnrollment Period Opens[1] / July 11, 2017
PEN Enrollment Period Closes / August 31, 2022
Anticipated Contract Start Date / Approximately Sixty days (60) after all screening requirements are met.
1.6.Amendments and Announcements Regarding this PEN
HHSC will post all official communication regarding this PEN on the HHS Enrollment Opportunities web page ( DFPS reserves the right to revise the PEN at any time. It is the responsibility of each Applicant to comply with any changes, amendments, or clarifications posted to theHHS Enrollment Opportunities page. Applicants must check theHHS Enrollment Opportunities page frequently for changes and notices of matters affecting the PEN.
Applicant or Contractor’s failure to periodically check the HHS Enrollment Opportunities page will in no way release the selected Contractor from “addenda or additional information” resulting in additional costs to meet the requirements of the PEN.
1.7.Eligible Applicants
Entities eligible to contract with DFPS are:
1.7.1.Not barred or suspended from participating in Federal contracts;
1.7.2.Not barred from participating in state contracts under Government Code § 2155.077;
1.7.3.On the date of its submittal of an application in response to this PEN, the holder, in its name, must have a license to operate as a Substance Abuse Treatment Facility (SATF), also known as Chemical Dependence Treatment Facility (CDTF) by the Department of State Health Services (DSHS) to provide SUD Services. The license must include the Region covered by the application.Applicant must remain appropriately licensed throughout the screening process and any resulting contract including any renewals.
1.8.Delivery of Notices
Any notice required or permitted under this Contract by one party to the other party must be in writing and correspond with the contact information noted in this section. At all times, Contractor will maintain and monitor at least one active electronic mail (email) address for the receipt of Contract-related communications from DFPS. It is the Contractor's responsibility to monitor this email address for Contract-related information.
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2.Statement of Work
2.1.Program Purpose
The purpose of the Child Protective Services (CPS) Program is to protect children and to act in the children’s best interest. CPS focuses on children and their families and seeks active involvement of the children’s parents and other family members to solve problems that lead to abuse or neglect. The objectives of CPS are to:
2.1.1.Prevent further harm to children and to keep children with their families when possible;
2.1.2.Provide permanence for children in substitute care by resolving safety threats or enhancing parental protective capacities and returning children to their families; and
2.1.3.Provide permanence for children who cannot return to their families.
2.2.Need for Service
DFPS seeks to Contract with qualified providers to assist CPS in achieving program purpose and objectives by providing Substance Use Disorder Services. DFPS does not guarantee any minimum level of utilization or specific number of referrals. Utilization rate will vary according to the needs of staff, individual client needs and regional allocations. The final decision for use, partial use, and nonuse of these professional services lies within the authority of DFPS.
2.3.Service Delivery Area(s)
SUD Services are purchased on a statewide basis; however, contracts are awarded on a regional basis. Contract is for the DFPS Region(s) specified in the Application and Contract, Form 2280PEN.The DFPS Regional map can be accessed at Section 8, Exhibit D.
DFPS may adjust the service delivery areas served by the Contractor at any time to meet the service needs of DFPS.
2.4.Eligible Population
Individual adults referred directly by DFPS are eligible for services. DFPS determines eligibility;Contractor must serve all clients properly referred by DFPS.
2.5.Client Characteristics
Due to the nature of DFPS responsibilities Contractor must be prepared to serve individuals with characteristics including, but not limited to:
2.5.1.Involuntary clients, especially for assessments;
2.5.2.Parents or caregivers who are responsible for the care of abused and neglected children and need these services as a means of preventing future abuse or neglect;
2.5.3.Person(s) to whom a court has ordered DFPS to provide services;
2.5.4.Person(s) who have been or are currently involved in the criminal justice system: or
2.5.5.Person(s) with limited English language proficiency.
2.6.Minimum Qualifications
2.6.1.Minimum Organizational Qualifications
The Contractor must:
2.6.1.1.Be licensed as a Substance Abuse Treatment Facility (SATF), also known as Chemical Dependence Treatment Facility (CDTF) by the Department of State Health Services (DSHS) to provide Substance Use Disorder (SUD) Services.
2.6.1.2.Maintain licensure throughout the life of this contract and any renewals; and
2.6.1.3.CDTF must be enrolled in Medicaid and Medicaid Managed Care program(s) operating in their service area.
2.6.2.Minimum Staff Qualifications
Contractor will assign only qualified personnel to this Contract. Contractor must ensure service providers and staff responsible for their supervision is as allowed by SATF/CDTF licensure:
2.6.2.1.Qualified Credentialed Counselors (QCC) as defined by the DSHS licensure standard for assessment completion;
2.6.2.2.Have the necessary experience to perform the service; and
2.6.2.3.Eligible as a Medicaid provider to perform and bill for the service.
DFPS has provided a resource for Contractors that supports services purchased under this PEN for certification and training in Trauma-Informed Child Welfare Practice, evidence based program interventions, and other resources at the DFPS website:
Substitutions
Contractor, in its reasonable discretion, may substitute appropriate key personnel to accomplish its duties so long as the substituted personnel are equally qualified and skilled in the tasks necessary to accomplish the tasks and services requiredas identified under SATF/CDTF licensure. Contractor will provide to DFPS prior written notice of any proposed change in key personnel who will be involved in providing services under this Contract. DFPS will make the final determination whether staff is equally skilled and qualified.
2.7.Insurance Standards
Contractor must submit insurance coverage documentation with the signed contract. DFPS will not execute a contract if this documentation is not provided or is found to not meet the insurance requirements.
2.7.1.Coverage must be provided through an insurance company licensed and authorized to do business in the State of Texas with a "B" or higher rating.
2.7.2.All policies and coverage are to be maintained throughout the contract term.
2.7.3.The required insurance types, endorsements and coverage are:
2.7.3.1.Commercial General Liability Coverage
A minimum coverage of one million dollar ($1,000,000) for each occurrence and two million dollar ($2,000,000) aggregate limit.
2.7.3.2.Professional Liability
Each licensed professional service provider must secure professional liability insurance with the minimum limits of one million dollar ($1,000,000) for each occurrence and two million dollar ($2,000,000) aggregate limit.
Insurance may be provided as a blanket policy by the CDTF or by the individual professionally licensed employee of the CDTF.
2.7.3.3.Crime Policy
Commercial crime policy including:
2.7.3.3.1.Minimum coverage of twenty-five thousand $25,000 for each occurrence; and
2.7.3.3.2.A third party endorsement.
2.7.4.Insurance Verification
In order to mitigate risk under this contract, DFPS will require the Contractor to submit verification of insurance that meets or exceeds current minimum DFPS requirements and provide the Certificate of Insurance Form 4736, an ACORD Certificate of Insurance, or a copy of the policy before this contract is finally executed.
2.7.5.Contractor Notice to DFPS of Any Material Changes
Contractor will immediately provide written notice to DFPS of any material changes to any document submitted under this Subsection; such notification include cancellation of coverage before the expiration date (i.e., end of policy period) of the applicable document.
2.8.Service Authorization and Referral
Clients must be referred via Service Authorization Form (Form 2054), whether services are billable to DFPS or Texas Medicaid including Traditional Fee for Service or a Medicaid Managed Care Organization. The referral packet includes:
2.8.1.Authorization Form
Services must be authorized on a valid Form 2054, Service Authorization prior to services being rendered. The individual case record must include Form 2054 and the Contractor must follow the specifics addressed in the form, including but not limited to:
2.8.1.1.The time limit specified;
2.8.1.2.Services end at the earliest date, based on when one of these events occurs:
2.8.1.2.1.The number of units specified on Form 2054 have been delivered; or
2.8.1.2.2.The request for service is withdrawn by DFPS.
2.8.1.3.Specifics related to non-payment:
The following claims will be subject to non-payment or collection.
2.8.1.3.1.Services or service types not specifically authorized by this contract, for example detoxification, and inpatient services;
2.8.1.3.2.Service claims that exceed the number of units;
2.8.1.3.3.Services provided outside the time frames specified on the Form 2054;
2.8.1.3.4.Services billed for a Medicaid eligible client without an acceptable denial from Medicaid; or
2.8.1.3.5.Missed appointments.
2.8.2.Referral Form
The referral must include a completed Form 2062, Referral for Substance Abuse Services Form.
2.8.3.Release of Confidential Information Form
The referral must include a completed Form 2063, Release of Confidential Information Form complete, signed and dated by the client.
2.8.3.1.Section 1 completed by DFPS;
2.8.3.2.Section 2 must be completed by Contractor.
2.8.4.Additional Referral Information
In addition, the referral packet may include:
2.8.4.1.A cover memo requesting the services;
2.8.4.2.A description of the psychological testing report or other assessment;
2.8.4.3.A Family Plan of Service; and
2.8.4.4.Other information that would help the Contractor provide appropriate services.
2.9.Initial Contact
Contractor must utilize an appropriate contact method designed to maximize the chances the referred individual will respond and honorappointment times and dates.
2.9.1.Contractor must contact client within three (3) business days of receipt of forms listed in §2.8,Service Authorization and Referralto schedule initial appointment.
2.9.2.Contractor must begin the authorized service within ten (10) business days of receipt of forms listed in §2.8.
2.9.3.Emergency
It is anticipated that emergency situations may occur requiring a need for expedited services. Contractor must work closely with DFPS to expedite service delivery as requested.
2.10.Missed or Cancelled Appointments
2.10.1.Missed by Client
2.10.1.1.Contractor must contact the CPS Caseworker by 5:00 P.M. on the business day following a missed appointment. When two (2) consecutive appointments are missed Contractor must contact the DFPS caseworker for instructions on how to proceed. Further appointments must not be scheduled unless instructed by DFPS to schedule additional appointments.
2.10.1.2.Missed appointments are not billable to DFPS.
2.10.2.Cancelled by Contractor
The Contractor is responsible for a twenty-four (24) hour notification to clients when a group session must be canceled. If the twenty-four (24) hour notification cannot be met due to unforeseen circumstances such as acts of nature, notification to the Contract Manager must occur by the next work day following the cancelled session. Contractor must maintain documentation of notification and contacts in each client file regarding cancellation.
2.11.Major Service Deliverables
DFPS purchases SUD SERVICESto assess individual service needs and meet identified need for treatment, as appropriate for clients who abuse alcohol or engage in the abuse of, improper use of, or dependency on illegal or legal drugs. Major Service deliverables include any individual or combination of the following:
2.11.1.Assessment;
2.11.2.Substance Use Disordertreatment;
2.11.3.Court related services; and
2.11.4.Case specific diagnostic consultation.
2.11.5.Substance Abuse Assessment
An assessment will be authorized for each individual referred to the CDTF. Individual must be assessed by a qualified credentialed counselor (QCC) (as defined by the
DSHS licensure standard) to determine the severity of a client’s substance abuse disorder and identify their treatment needs.
As part of child safety, substance abuse assessment needs to address current use of drugs and alcohol. The assessment process consists of two main tasks: