Agenda 08/26/2003 - Laserfiche WebLink

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FY 2004 Community Services Performance Contract e. Discharge Assistance Project 1) Department Responsibilities: If the Board participates in any DAP funded by the Department, the Department shall fund and monitor the DAP as a restricted fund. The Department agrees that 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. The Department shall maintain a data base about DAP consumers, including admissions to and discharges from the DAP. 2) Department Review: The Department may conduct utilization review or utilization management activities involving services provided by the Board under the DAP. If such activities involve the disclosure of protected health information, the information may be used and disclosed as permitted under 45 CFR §§ 164.506 (c) (1), (3), and (4) and 164.512 (k) (6) (ii). 3) Adherence to Procedures: The Department shall adhere to the DAP Procedures in the General Requirements Document. If the Board's participation in the DAP causes it to be out of compliance with the 10 percent local matching funds requirement in § 37.1- 199 of the Code of Virginia, the Department shall grant an automatic waiver of that requirement, related to the DAP funds, as authorized by that Code section and State Board Policy 4010. f. Purchases of Individualized Services (POIS) 1) Department Responsibilities: If the Board participates in any POIS, except DAP, funded by the Department (e.g., the Non CSA-Mandated MH Child and Adolescent Services POIS), the Department shall fund and monitor the POIS as a restricted fund. The Department agrees that the Board shall be responsible for ensuring the effective utilization of those funds, without submitting individualized services plans to the Department for preauthorization, approval, or information. 2) Department Review: The Department may conduct utilization review or utilization management activities involving services provided by the Board under the POIS. If such activities involve the disclosure of protected health information, the information may be used and disclosed as permitted under 45 CFR §§ 164.506 (c) (1) and (3) and 164.512 (k) (6) (ii). g. Compliance with State and Federal Requirements: The Department shall comply with applicable state and federal statutes and administrative rules and regulations as they affect the operation 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 Department and its mental health facilities and mental retardation training centers 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 ara contrary, and state statutes or regulations are more stringent, as defined in CFR § 160.202, than the related HIPAA requirements. h. Communication: The Department shall provide technical assistance and written notification regarding changes in funding source requirements, such as regulations, policies, procedures, and interpretations, to the extent that those changes are known to the Department. The Department shall resolve, to the extent practicable, inconsistencies in state agency requirements that affect requirements in this contract. The Department shall respond in a timely manner to written correspondence from the Board that requests information or a response. 9. 05-02-03