Progressive Intervention Plan for Community-Based Care Stage I

Transcription

1 Prgressive Interventin Plan fr Cmmunity-Based Care Stage I Fiscal Year 2019

2 Table f Cntents Intrductin... 1 Liquidated Damages fr N Eject/N Reject Cntractr Nncmpliance... 1 SSCC Prgressive Interventin Prcess... 2 i

3 Intrductin Texas Family Cde, chapter 264, subchapter B-1 requires DFPS t develp and maintain a prgressive interventin plan t hld the Single Surce Cntinuum Cntractr (SSCC) accuntable fr perfrmance and adherence t cntract terms and cnditins. Additinally, Rider 21, Article II f The General Apprpriatins Act, 85 th Texas Legislature, requires the Texas Department f Family and Prtective Services (DFPS) t publish the Prgressive Interventin Plan n the DFPS website prir t the first date f the fiscal year. Liquidated Damages fr N Eject/N Reject. The SSCC prvider must ensure the full cntinuum f fster care and purchased services fr children and yuth in DFPS legal cnservatrship frm the designated gegraphic catchment area and wh are referred t the SSCC by DFPS. The SSCC must accept all referrals fr paid fster care (N Reject) made by DFPS and cntinue t meet the individual needs f children referred (N Eject) until DFPS determines the individual is n lnger eligible fr the SSCC services. The SSCC cntract terms and cnditins utline liquidated Damages fr N Eject/N Reject as fllws; The SSCC acknwledges that its failure t cmply with timeframes assciated with placement f children as described in this Cntract will cause DFPS t incur ecnmic damages f types and in amunts which are impssible r difficult t ascertain. If the SSCC cannt place a child r yuth in accrdance with the timeframes described in this cntract, then such failure will be deemed as a vilatin f the N Eject/N Reject mandate f the Cmmunity-Based Care (CBC) cntract. Accrdingly, in lieu f actual damages fr such nncmpliance, the Cntractr agrees that DFPS may recver liquidated damages if the SSCC cannt cmply with the n eject/n reject sectins f the cntract. The SSCC will be liable t DFPS fr payment f liquidated damages in the amunt f Ten Thusand Dllars ($10,000) fr each instance f nncmpliance with the Cntract s n eject/n reject requirement. The liquidated damages represent the best, reasnable, and mst apprpriate estimate f the Department s lss fr each instance f nncmpliance. After DFPS has fund placement fr children and yuth cvered by n eject/n reject prvisins f the Cntract, the SSCC will be liable t DFPS fr actual damages in the amunt f what the substitute prvider bills DFPS fr the child s r yuth s care. Cntractr Nncmpliance The SSCC is als held accuntable and must adhere t ther cntractual rules, regulatins and the terms and cnditin f the SSCC cntract. DFPS and the SSCC have implemented a Cntinuus Quality Imprvement (CQI) prcess that prvides cntinual data and infrmatin cllectin and analysis used fr the early identificatin f lead agency prblems and areas f pssible cntract nn-cmpliance. Whenever perfrmance cncerns r cmpliance issues are 1

4 identified, the cntract manager will intervene by requiring the cntractr t develp and submit an actin plan that lays ut the steps the SSCC will take t reverse the trend and r address the area f nn-cmpliance. Whenever it is suspected that the health, safety, r well-being f DFPS clients is at stake, cntract staff shuld immediately cnsult with their supervisr t determine whether r nt immediate cntract remedy is necessary. Likewise, if cntract staff suspects that DFPS funds are at risk based n any deliberate r careless actin r inactin n the part f the cntractr, staff shuld cnsult with their supervisr t determine apprpriate next steps. If indicated the prgressive interventin may mve directly t a cntract remedy, up t and including cntract terminatin. This plan utlines the cntract enfrcement prcess r prgressive interventin DFPS will emply shuld the SSCC cntractr fail t perate in cmpliance with the terms and cnditins set frth in the SSCC cntract with DFPS. Prgressive interventin actins include mnetary and ther frms f remedies, such as: Requiring CQI plans f actin. Requiring crrective actin plans. Obtaining technical assistance r trainings. Increasing the nature and intensity f cntract mnitring and quality assurance activities. Payment f financial remedies in certain circumstances utlined in the cntract. Payment f liquidated damages (see specific situatins defined and nted belw). Suspending and/r placing cnditins r limitatins f services when applicable. Remving frm the prvisin f services any emplyee f the Cntractr r subcntractr. Suspending r terminating all r part f the SSCC cntract. Mnetary remedies impsed n an SSCC are dne in cnsultatin with DFPS legal. SSCC Prgressive Interventin Prcess When the SSCC cntractr fails t perfrm its bligatins under the cntract, DFPS may respnd by an fficial demand t the cntractr t submit a frmal plan and assurances t crrect a prblem. If the cntractr submits an acceptable plan and assurances, DFPS fllws up n the implementatin f the plan t ensure that the cntractr s prblem(s) are crrected. If the plan is nt implemented r the desired results are nt achieved, DFPS may prceed t a cntract remedy. Nte: Residential Child Care Licensing's rle with all licensed prviders, including the SSCC and their subcntractrs will remain unchanged. Any vilatin r act f nn-cmpliance t 2

5 licensing minimum standards is acted n accrding t the RCCL regulatry prcess and therefre is nt included in this fster care redesign SSCC prgressive interventin plan. Nature f the prblem Type f actin r respnse Standard steps taken by DFPS Negative trend identified r cntract requirement nt understd e.g., cntract perfrmance target need met during a perfrmance quarter. Negative trend cntinues r a systemic issue is identified e.g., recurring prblem which requires specific actin steps t crrect Cntinuus Quality Imprvement Plan: Cmmunicatin with cntractr t discuss the trend identified and/r clarify a cntract requirement t increase cntractr awareness f pssible risks, and ffer infrmatin and assistance Cntract Actin Plan: Frmal crrectin t address and reslve the prblem and prevent any future risk. A crrective actin plan must cntain specific steps t be taken by a cntractr t crrect identified deficiencies and t address cncerns that DFPS may have regarding the cntractr s: Cmpliance with cntract terms r ther applicable laws, rules r regulatins. Perfrmance related t service delivery, reprting and/r financial stability. Other significant deficiencies. Cnversatin with cntractr CQI Plan requested t determine whether r nt the prblem is a symptm f a larger issue CQI plan nce implementatin is mnitred and results clsely tracked t ensure the strategies implemented address the issue Cnversatin with cntractr Requiring a cntract actin plan (CAP) be implement Increase mnitring effrts in targeted area Impse additinal reprting requirements Scheduled n-site visit t determine whether r nt the prblem pses a significant risk f harm r lss Track results f the implementatin f the plan t ensure that the cntractr s deficiencies r prblems are crrected. 3

6 Nature f the prblem Type f actin r respnse Standard steps taken by DFPS Cntract actin plan nt implemented and/r cntractr breaches the cntract due t cntinued nncmpliance actins r inability t meet the terms, cnditins, and/r bligatins under the SSCC cntract. Significant Harm r Risk f Harm t Agency Clients e.g., lss r misuse f agency funds related t the cntractr's lack f cperatin r carelessness Cntract Remedy: A cntract remedy ccurs when DFPS, t any material extent, denies, terminates, r suspends a cntract r payment t a cntractr. Cntract remedies are the mst serius and frmal crrectin taken t reslve the prblem and/r eliminate negative impact up t an including cntract terminatin. DFPS will discuss the impact f the SSCC cntract remedy impsed and begin cntingency planning effrts. DFPS may begin t remve and find alternate placement fr clients. Implementatin f the cntingency plan will be determined accrding t the SSCC cntract functin affected and SSCC stage f implementatin. Full and immediate implementatin f the cntingency plan will begin If the plan is nt implemented r the desired results are nt achieved, DFPS will prceed t the cnsideratin f ther immediate cntract remedies. Letter t the cntractr warning f pssible sanctins if the prblem is nt crrected. Depending n assciated risk, reduce the services and/r dllars assciated with the cntract including by: Suspensin f referrals r Service Authrizatins Remval f specific services frm the cntract prvisins Suspensin f payments until the prblem is reslved Placing the cntractr n Vendr Hld Reductin f the cntract amunt Deny cntract renewal 4

7 Nature f the prblem Type f actin r respnse Standard steps taken by DFPS shuld cntract nn-renewal r terminatin be indicated. Reduce the cntract term r terminate prir t the cntract expiratin date Reprt the cntractr t the apprpriate licensing rganizatin and/r law enfrcement Liquidated damages as specified in the cntract Reprt t the VPTS, state and federal debarment systems 5