Agenda 08/10/2004 - Laserfiche WebLink

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FY 2005 Community Services Performance Contract Department agrees that the B6a¢~l ~hall be responsible for ensudng the effective utilization of those funds, without submitting individualized services plans to the Department for preauthodzation or approval. The Department shall maintain a database 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. Individualized Services 1) Department Responsibilities: If the Board participates in any individualized services, except DAP, funded by the Department (e.g., the MH Non CSA-Mandated Child and Adolescent Services), the Department shall fund and monitor those services 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 preauthodzation, approval, or information. 2) Department Review: The Department may conduct utilization review or utilization management activities involving services provided by the Board as individualized services. 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 and mental retardation facilities 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. If the Board's receipt of state facility reinvestment project funds 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 state facility reinvestment project funds, as authorized by that Code section and State Board Policy 4010. 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 wdtten correspondence from the Board that requests information or a response.