2013 Fee-For-Service Agreement for DHHS Networks

1. 2013 Fee-For-Service Agreementfor DHHS Networks PRESENTED BY: Dennis Buesing – DHHS Contract Administrator Wes Albinger – Wraparound Provider Network Coordinator Diane Krager – DHHS QA Coordinator John Frederick & Kelly Smith– DCSD Administrative Coordinators

2. Welcome, Introductions, Timelines

3. Each Milwaukee County Contract DivisionWill Send Out Their Own Copy of the Agreement2013 Fee for Service Agreements Each County Contract Division will: Identify any requirements that need to be met in order to renew the agreement with that Contract Division Establish timeframe for when the signed agreement must be returned Work with Contract Administration regarding agencies that will be unable to renew their Agreement because of pending Audit issues

4. MILWAUKEE COUNTY DEPARTMENT OF HEALTH AND HUMANSERVICES2013 Fee-for-Service Agreement OVERVIEW OF CHANGES

5. Overview • This presentation includes both additions/changes from previous year, as well as amplifications of specific requirements which have historically created confusion or are of particular importance • The changes described in this presentation represent an overview of the most significant changes from the prior year and are NOT inclusive of ALL changes; agencies are responsible for carefully reading and complying with the Agreement and all relevant Policies and Procedures

6. Overview, continued. • Unless otherwise indicated, all items discussed today apply to all contract divisions • In your Agreement, you will see shaded text. The shaded text represents changes from last year. This includes language that is new entirely as well as language that has been moved from other sections. Much of SECTION TWO represents moved, vs. new text. • PowerPoint “SECTION”s correspond with Fee for Service Agreement

7. SECTION ONEDefinitions • No new definitions for 2013. “Case Notes” definition expanded to include electronic service documentation.

8. SECTION TWOGeneral Obligations of the Provider • Section Two has been organized into several sections, based on similar themes: Provider Level Obligations, Provider Obligations for Direct Service Providers and Indirect Staff, Provider Obligations for Service Recipients, Provider Obligations for Service Documentation, and Other Provider Obligations.

9. SECTION TWOProvider Level Obligations • Occupancy Permit • Clarification of B, (9) applicability of notification requirement for licensing issues • Notification requirement for any arrests or convictions of Direct Service Provider and/or Indirect Staff (See also Sec 2, F). This condition carries a notification requirement of TWO DAYS.

10. SECTION TWOProvider Obligations for Direct Service Providers and Indirect Staff • Clarification: Provider understands and agrees that the employment status of individual Direct Service Providers or Indirect Staff with Provider is not dependent on approval, denial, or any other administrative action by Purchaser and is solely a matter of Provider discretion. Any administrative decision by Purchaser only affects eligibility of Direct Service Provider and/or Indirect Staff to provide Covered Services, and does not affect employment eligibility of individual with Provider.

11. SECTION TWOProvider Obligations for Direct Service Providers and Indirect Staff • In addition to compliance with Caregiver Background Checks and the Milwaukee County Caregiver Resolution 99-233, Provider will also consider conviction history of any candidate before requesting to add as a Direct Service Provider and/or Indirect Staff to determine suitability based on a “substantially related test” as described in DHS 12.06 (http://docs.legis.wisconsin.gov/code/admin_code/dhs/12.pdf). Judgment should not be limited to barrable offenses. • Any requests to add providers with multiple, recent, or felony convictions will likely be required to submit additional documentation, show their rationale in assessing risk, the applicant’s response, and describe how they propose to monitor the provider.

12. SECTION TWOProvider Obligations for Direct Service Providers and Indirect Staff • Requests to add providers on probation/parole, extended supervision, deferred prosecution agreement, or currently working on completing a Driver Safety Plan will be denied. • Clarification: Requirements of acceptable criminal conviction and driving records are continuous-they are in effect at all times that services are provided. Intervals for updating records are minimum requirements. • Requirement that Agency has a policy requiring notification from employees of any arrests, convictions, or changes in validity of driver’s license.

13. SECTION TWOProvider Obligations for Direct Service Providers and Indirect Staff • Provider shall obtain a minimum of two work related references, to be documented in writing, for any candidate requested to be added as a Direct Service Provider or Indirect Staff. • Provider agrees to notify Purchaser if individual Direct Service Provider or Indirect Staff are employed by any other Provider in addition to the one with whom this Agreement is executed. • Only coursework and degrees from accredited schools shall be recognized, as they may appear on either the US DOE (http://www.ope.ed.gov/accreditation/), or the Council of Higher Education Accreditation (http://www.chea.org/search/) databases.

14. SECTION TWOProvider Obligations for Direct Service Providers and Indirect Staff • Clarification: Provider is responsible for being the point of contact to mediate any and all matters between Purchaser and Direct Service Providers and/or Indirect Staff.

15. SECTION TWOProvider Obligations for Service Documentation • Transportation Consent form required whenever clients are transported • Electronic Record Keeping Systems policy: • Provider may maintain case notes electronically if Provider has a written policy describing the record and the authentication and security policy, in accordance with state and federal standards and laws related to electronic medical records/electronic health records or electronic case notes. This policy shall be submitted to Purchaser upon request. • Electronic Software Systems (ESS) must conform to HIPAA security rules requiring appropriate administrative physical and technical safeguards to ensure the confidentiality, integrity and security of electronic protected health information. ESS must include at a minimum; data integrity, password protection, a back-up system, client confidentiality, as well as safeguards to protect against modification of the record, or unauthorized access.   • Direct Service Provider’s electronic signatures may only be used by the person who makes the entry. Provider must possess a statement signed and dated by the Direct Service Provider, which certifies that only the Direct Service Provider shall use the electronic representation via use of a personal password. This statement shall be kept in the Direct Service Provider’s personnel file and shall be submitted to Purchaser upon request.

16. SECTION THREEBackground Checks • Clarification: CBC must be completed no more than 90 days prior to request to add new staff • For out of state residency must either obtain the record from the other state, or by obtaining an FBI fingerprint check. Details at: http://www.doj.state.wi.us/dles/cib/volunteers_children_act.asp. • ALL Providers(new for Wraparound) must submit the results of all CBC and Driver’s license abstract queries, not just for those with findings.

17. SECTION TENEqual Rights and Civil Rights Compliance • No longer necessary to submit Civil Rights Compliance Plan or Letter of Assurance to Milwaukee County

18. SECTION ELEVENPerformance Measurement • Purchaser may consider Provider performance history in consideration of Service Recipient referrals and in termination or non-renewal decisions about this Agreement. Provider Performance Measures may be developed which reflect Service Recipient satisfaction, complaints against providers, compliance with Agreement and/or Policies and Procedures, Service volume, Service Recipient outcomes, or other performance domains. • Purchaser reserves the right to publish and distribute Provider Performance scores to Service Recipients, families/guardians, service coordinators, and other audiences, and will encourage the consideration of Performance history in the selection of Providers.

19. PROGRAM SPECIFIC Updates

20. WRAPAROUND MILWAUKEE Renewal Packet – Update Staff List Add/update fields as necessary

21. WRAPAROUND MILWAUKEE Renewal Packet – Update Staff List If “YES” – Submit Request for Approval to Use Independent Contractors as Service Provider

22. WRAPAROUND MILWAUKEEPolicies Your Agency will receive an e-mail from Pam Erdman – Wraparound QA Director, when the 2013 Policies are available for downloading from the Wraparound website. Keep watch around early November! • Provider Add/Drop Policy #035 – Now includes guidelines regarding provider Interest and Specialty, employment references, and college/university accreditation. • Caregiver Background Check Policy #057 – If living in WI. less than 3 yrs. must get CBC from other State or FBI check. Consider conviction history before WPN entry. In instances of multiple, recent, felony or open disposition cases should get copy of Criminal Complaint from Clerk of Courts. ADD Requests will be denied if person on probation/parole, extended supervision, deferred prosecution agreement or currently completing a Driver Safety Plan. Written Agency policy notifying employer within 24 hrs. of any arrests or convictions. • Ethics and Boundaries #053 – Any type of physical contact with a client/family member/Child and Family Team member is strongly discouraged. Avoid lending or borrowing money to clients/families.

23. WRAPAROUND MILWAUKEEPolicies – cont. • Provider Agency Responsibilities and Guidelines Policy #054 – Notify Wraparound within 5 business days of any Agency Access/Function changes. Arrests or convictions of Direct/Indirect staff is a notification of TWO days. Valid drivers license required for any Direct/Indirect staff using a vehicle for any purpose related to the provision of Covered Services. Update of drivers abstract must occur no less than annually. Agency must have a policy communicated to their staff upon hire and annually requiring immediate notification to Agency of any change in validity of license. Must immediately suspend Provider from driving and notify Wraparound within 2 business days. Failure of Provider to report situation and then bill results in immediate termination from WPN - payments will be subject to recovery. Unless specifically requested by a CC, the family or the Court, Providers are not expected or encouraged to attend court proceedings. If asked to attend must document reason. If appealing an outcome of a complaint must do so, in writing, in 5 working days of the date of the outcome notice. Include grounds why decision should be modified.

24. WRAPAROUND MILWAUKEEProvider Interest/Specialty Declaration The Synthesis Resource Guide is being updated to provide more detailed information, with a goal of informed decision making and better matching in the selection of providers by families and Care Coordinators. This will include Agency Performance Measures, mentioned earlier, as well as greater detail on “Provider Specialty and Interests” The expanded “provider specialty” feature will capture specialties and interests for all direct service providers (previously had been limited to traditional specialties and only to clinical providers).

25. WRAPAROUND MILWAUKEEProvider Interest/Specialty Declaration A provider “specialty” reflects an area of expertise, acquired through education/training, professional/volunteer experience, or life experience (such as a personal or family member experience with a particular condition, like raising or fostering a child with complex needs, having been adopted, etc.) which lends itself to working with the Wraparound population.

26. WRAPAROUND MILWAUKEEProvider Interest/Specialty Declaration Specifically, each Direct Service Provider may identify: • Up to two areas of specialty, supported by education/training, work/volunteer experience, or life experience. Examples include: Gang membership, LGBT issues, Divorce, Sexual Abuse. • Up to two areas of interest. Examples include: Creative writing, martial arts, playing an instrument. • Interest/Specialty Declarations will be accepted on an ongoing basis for existing staff, and will become part of the Add Provider process for new staff.

27. CHILDREN’S COURT SERVICES NETWORKMilwaukee Co-occurring Competency Cadre (MC3) • Children’s Court Services Network is participating in the Milwaukee Co-occurring Competency Cadre (MC3) with the goal of providing welcoming, recovery-oriented co-occurring capable services that inspire hope and provide help to people and families with complex needs • Providers of AODA Counseling (YAT) and/or Clinical Counseling (YYC) are asked to complete and submit to CCSN a COMPASS-EZ tool by June 30, 2013 (see agreement & tool provided in renewal packet) • Providers are encouraged to join MC3. Contact John Frederick for more information.

28. CHILDREN’S COURT SERVICES NETWORKAggression Replacement Training • Children’s Court Services Network is moving towards using Aggression Replacement Training (ART) as its primary mode of anger management • ART is an evidence-based curriculum that focuses on social skills training, anger control training, and moral reasoning • Plan to have a total of 2-3 agencies to provide this service • Providers must use the ART curriculum and have received ART facilitator training

29. CHILDREN’S COURT SERVICES NETWORKService Ending Reports • Service Ending Reports must be submitted within 30 days for each service when the Service Recipient is no longer receiving that service for whatever reason • This report provides needed information on the Service Recipient’s status at service ending, progress made, outcomes, recommendations, etc. • See copy in renewal packet

30. CHILDREN’S COURT SERVICES NETWORK**New Grant** OJJDP Selects Sites, Evaluator for Reform and Reinvestment Program The Office of Juvenile Justice and Delinquency Prevention (OJJDP) has selected three sites and a project evaluator for the Juvenile Justice Reform and Reinvestment Demonstration Program. The grantees include the Iowa Division of Criminal and Juvenile Justice Planning, the Milwaukee County Department of Health and Human Services, and the Executive Office of the Governor of Delaware. The project evaluator will be the Urban Institute. The Georgetown Center for Juvenile Justice Reform will provide training and technical assistance to the sites. The sites received competitive awards to develop and implement an integrated set of evidence-based and cost-measurement tools that will enable them to make informed decisions about resources and services for justice-involved youth. The initiative will determine whether systematic use of the tools helps realign services and costs and ensure the provision of the right services, for the right youth, for the right duration of time.

31. BREAK

32. DHHS Provider Networks/Contract Administration Interface • Engage in Centralized QA Committee • Discuss/approve audit/review indicators • Assist with site audits/reviews • Dialogue regarding audit/review agency reports • Collaborate regarding FFS Agreement yearly revisions

33. Insurance & Audit Requirements Insurance RequirementsAudit and Accounting RequirementsMaintaining Financial RecordsGeneral Information on Allowable CostsAudit Requirements and Waiver Procedures

34. SECTION THIRTEENInsurance Requirement • Auto Liability: required for all Providers (owned, non-owned, and/or hired). Coverage: $1 million per accident • Commercial General and/or Business Owner’s Liability: Required of ALL Providers and must include premises and off premises liability coverage

35. Insurance (Professional Liability) • Professional Liability: If the services provided constitute professional services, Provider shall maintain Professional Liability (E&O) coverage. Includes Certified/Licensed Mental Health & AODA Clinics. 1MM/3MM

36. Insurance (Professional Liability) • Hospital, Licensed Physician or any other qualified healthcare provider under Sect 655 : 1MM/3MM • Professional Liability Minimum:Other Licensed or Certified Professionals for Non-healthcare services. • (i.e. if a license or certification is required to perform the service). Examples, e.g. CPAs, Engineers, Attorneys, etc., $1,000,000 per Occurrence and Annual aggregate or Statutory limits whichever is higher.

37. Insurance (cont’d) • Workman Compensation Insurance (WC) is required for all Providers, regardless of organizational structure or size (includes one-employee providers, sole proprietorships, partnerships as well as Providers composed solely of independent contractors). • New WC Requirement for Waiver of Subrogation: A Waiver of Subrogation for Workers Compensation by endorsement in favor of Milwaukee County is also required. A copy of the endorsement shall be provided.

38. Insurance (cont’d) • Additional Insured: Milwaukee County shall be named as Certificate Holder and receive copies of, an “additional insured” endorsement, for general liability, automobile insurance, and Umbrella/Excess liability insurance. • Exceptions of compliance with “additional insured” endorsement are: • Transport companies insured through the State “Assigned Risk Business” (ARB). • Professional Liability (E&O) where additional insured is not allowed.

39. Insurance (cont’d) • Upon Renewal, Provider shall furnish County annually on or before the date of renewal, evidence of a Certificate indicating the required coverage (with the Milwaukee County Department of Health and Human Services named as the “Certificate Holder ”) • CERTIFICATE HOLDER Milwaukee County Dept. of Health & Human Services Contract Administrator 1220 W. Vliet Street, Suite 300 Milwaukee, WI 53205

40. SECTION SEVENTEENWho Must Have An Audit? • Audits are required by State Statute if the care & service purchased with State funding exceeds $25,000 per year • Statutes allow the Dept. to waive audits. Audits may not be waived if the audit is a condition of state licensure, or is needed to claim federal funding (e.g. Group Foster Care or RCCs) • Standards for audits are found in Provider Agency Audit Guide, 1999 Revision issued by WI Department of Corrections and Workforce Development or Department of Health Service Audit Guide (DHSAG) Latest revision issued by Wisconsin Departments of Health Services. (on line at www.dhs.wisconsin.gov/grants) • Non-profit providers that receive $500,000 or more in federal awards must also have audit performed in accordance with OMB Circular A-133 Audit of State, Local Governments, and Non-Profit Organizations.

41. Procedures for Request for Extension of Annual Independent Audit. • Audits are due within 6 months of Providers fiscal year end (June 30th, if calendar fiscal year). • Extensions are at the sole discretion of DHHS. DHHS must receive a request for an extension not later than thirty (30) days prior to the due date for the audit. A request for an extension must include:  • an explanation as to why an extension is necessary; • the date upon which the Purchaser will receive the audit; • the unaudited financial statements of the Provider; and, • any additional information Provider deems relevant to Purchaser's determination.

42. Extension Request cont’d • No extension will be granted for a period greater than ninety (90) days beyond the original date that the audit was due. Requests for extension of audit due date must be submitted to: • Milwaukee County Department of Health and Human Services Contract Administrator 1220 W. Vliet Street, Suite 300 Milwaukee, WI 53205

43. Allowable Costs & Allowable Profits or Reserves • Per State Statute, ultimately, all agreements with Milwaukee County DHHS for care & services paid with dept. funding are cost reimbursement contracts • For-profit providers may retain up to 10% in profit per contract; 7½% of allowable costs, plus 15% of net equity (Allowable Cost Policy Manual, Section III.16) • Nonprofit providers paid on a unit-times-unit-price contract funded by Wis. DHS or DOC may add up to 5% of contract amount in excess revenues to reserves each yr., up to a cumulative maximum of 10%. Contracts only funded by DCF may add up to 10% to reserves per year with a cumulative maximum of 10%.

44. Allowable Costs & Allowable Profits or Reserves • The County does not have to allow either a profit or reserves to providers who do not include a Schedule of Allowable Profits, or Reserve Supplemental Schedule with their audit • Department of Children & Families revised their Allowable cost policy manual available online at http://dcf.wisconsin.gov/contractsgrants/pdf/allowable_cost_manual.pdf • Allowable administrative and other allocated overhead (collectively, indirect costs ) will be limited to 10% of net allowable direct program costs (excluding such allocated costs) for agencies/Providers electing to provide a program audit in lieu of an agency-wide audit.

45. Other Allowable Cost Issues • Generally interest expense, except for purchase-money mortgages to purchase real estate, or equipment is not an allowable cost. Interest paid under Working Capital Loans, a line of credit or refinancing to pull money out of a property is not an allowable cost. • Generally, advertising expense, except for costs associated with hiring, recruiting and disposal of equipment is not an allowable cost. • Alcohol, Entertainment, Contributions & Donations and repayment of audit recoveries and other debt, are never an allowable cost.

46. Other Allowable Cost Issues • Distributions to Shareholders of S Corporations are not an allowable cost, and will be treated as a distribution of profits or dividends, not as wages. • Allowable Cost Rules under rental agreements with Related Parties contain additional restrictions • Allowable rent expense under related party leases may not exceed the actual costs to the related party that owns the property. (Generally, mortgage interest, RE taxes, insurance, maintenance /utilities & depreciation)

47. Maintaining Financial Records • Both Federal and State contracting guidelines require provider agencies to maintain proper books and adequate financial records • Providers should maintain an accurate and up-to-date general ledger and timely financial statements for management & board members • Financial Statements must be prepared in conformity with generally accepted accounting principles (GAAP) and on the accrual basis of accounting. Contractor must request, and receive written consent of County to use other basis of accounting in lieu of accrual basis of accounting

48. Maintaining Financial Records • Amounts recorded in the books must be supported by invoices, receipts or other documentation • Providers should maintain a separate cost center for each contract, or program/facility within a contract • Whenever possible, costs should be charged directly to a contract, all other costs should be allocated using a reasonable and consistent allocation method and supported by an Indirect Cost Allocation Plan • Providers must not commingle personal and business funds. A separate checking account should be established & providers should not use personal credit cards for agency business • All Provider agencies should maintain and adhere to a board approved, up-to-date Accounting Policy & Procedures Manual and bonus policy

49. SECTION FIFTEEN Purchaser Site and Service Documentation Review: • Provider must consent to Use of Statistical Sampling and Extrapolation as the means to determine amounts owed by Provider to DHHS under any DHHS or State Medicaid programs as a result of audits or investigations conducted by DHHS or its agents, or • As a result of an investigation or audit conducted by the DHHS or its agents, the Milwaukee County Department of Audit, the Wisconsin DHS, the Department of Justice Medicaid Fraud Control Unit, the federal Department of Health and Human Services, the Federal Bureau of Investigation, or an authorized agent of any of these.

50. Audit Waiver • Statutes allow the Dept. to waive audits. Audits may not be waived if the audit is a condition of state licensure, or is needed to claim federal funding (e.g. Group Foster Care or CCI) • Waiver request can only be entertained if agency does not need to have an audit according to Federal Audit requirement, or other governmental funders. • Waivers need to be approved on case by case basis by regional office based on a risk assessment (Funding <$75,000 is considered low risk) • Waiver Request must be submitted to DHHS Contract Administration at least 30 days prior to audit due date.