Agenda 08/26/2003 - Laserfiche WebLink

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FY 2004 Community Services Performance Contract e. Purchases of Individualized Services (POIS) 1) Board Responsibilities: If it participates in any POIS, except the DAP, funded by the Department (e.g., the Non CSA-Mandated MH Child and Adolescent Services POIS), the Board shall manage, account for, and report such POIS funds allocated to it as a restricted fund. The Board shall be responsible for ensuring the effective utilization of those funds, without submitting individualized services plans to the Department for preauthorization or approval. 2) Department Review: The Board agrees to participate in any utilization review or utilization management activities conducted by the Department involving services provided under the POIS. Protected health information may be disclosed as permitted under 45 CFR §§ 164.506 (c) (1) and (3) and 164.512 (k) (6) (ii). 3) Procedures: If it participates in any POIS funded by the Department, except for the DAP, the Board shall develop and maintain individualized services plans (ISPs), which shall be subject to review by the Department, for such POIS; but the Board shall not be required to submit these ISPs to the Department for information purposes or for prior review or approval The Board shall not be required to submit any reports for such POIS outside of the semi-annual aggregate reporting required in section 6.c of this contract. f. Compliance with State and Federal Requirements: The Board shall comply with all applicable federal, state, and local laws and administrative rules and regulations, including those contained or referenced in the General Requirements Document and in Exhibit F of this contract. If any laws, administrative rules or regulations that become effective after the execution date of this contract substantially change the nature and conditions of this contract, they shall be binding upon the parties, but the parties retain the right to exercise any remedies available to them by law or other provisions of this contract. The Board shall comply with the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder by their compliance dates, except where the HIPAA requirements and applicable state law or regulations are contrary, and state statutes or regulations are more stringent, as defined in 45 CFR § 160.202, than the related HiPAA requirements. The Board shall follow the procedures and satisfy the requirements in the Performance Contract Process and the Administrative Performance Standards, contained in Exhibits E and I respectively of this contract. The Board shall document its compliance with §§ 37.1-195, -197, and -198 of the Code of V/rg/nia in Exhibits G and H of this contract. 7. Department Responsibilities a. Funding: The Department shall disburse the state general funds displayed in Exhibit A, subject to the Board's compliance with the provisions of this contract, prospectivefy on a semi-monthly basis to the Board. Payments may be revised to reflect funding adjustments. The Department shall disburse federal grant funds that it receives to the Board in accordance with the requirements of the applicable federal grant and, wherever possible, prospectively on a semi-monthly basis. The Department shall make these payments in accordance with Exhibit E of this contract. b. State Facility Services 1) The Department shall make state facility inpatient services available, if appropriate, through its mental health and mental retardation facilities, when individuals residing or located in the Board's service area are in need of such services. 2) The Department shall track, monitor, and report on the Board's utilization of state mental health facility beds and provide data to the Board about consumers from its service area who are served in state facilities as permitted under 45 CFR §§ 164.506(c) (1), (2), and 7. 05-02-03