Ohio's Families and Children Rule Review Site

Master Contract Agreement for Title IV-E Agencies and Providers for the Provision of Child Placement

This form is no longer open for comment. However, here you can view an archived, read-only version of the form and any associated comments.

Note: if the PDF document does not appear below, you can either download and install Adobe Reader or download the PDF directly.

Click here to download and view the PDF directly to your device.

Note: The Master Contract was automated in SACWIS in 2016. At the time of the original implementation, OFC agreed to review the language at a later point in time to see if changes need to be made. We will soon be reconvening the original contract workgroup and would like to solicit feedback from our partners prior to our meeting.
5I Agree2I Disagree
Mark Mecum
08-25-2017 (1:21pm)
Article XIX INSURANCE, Section F, Sub section 3. Please replace the sentence with this one: "Provider shall provide written notice to the Agency Director or Designee 30 days prior to any cancellation or material change to any policy required by this clause." Rationale: It is not reasonable to require insurance policy endorsements to not be cancelled or changed until written notice is provided to the Agency Director. This section also implies that the notification may be required to be made by the insurance carrier to the county, which won't ever happen.
7I Agree1I Disagree
marsha coleman
08-31-2017 (10:21am)
Under Article V. Provider responsibilities – notification to the agency Q. When there is a rule violation of a caregiver, a copy of the corrective action plan, if applicable, must be submitted to the Agency when the investigation is complete. I think the agency should be notified when there is an allegation in the foster home – I didn’t see any language on this except after the fact. Under Article XXII – Screening and Selection D. Verification of Job or Volunteer Application: Provider shall check and document each applicant’s personal and employment references, general work history, relevant experience, and training information. Provider further agrees it will not employ an individual in relation to this Agreement unless it has received satisfactory employment references, work history, relevant experience, and training information. I’m not seeing anything regarding SACWIS checks for CAN for people transporting or job/volunteers
7I Agree2I Disagree
Chris Zuercher
09-01-2017 (8:48am)
Art V. Sect. D. Currently says notify immediately "or" within 24 hours. This reads as if the provider may choose between alternatives. Perhaps something like, notify "immediately, but in any case within 24 hours..."
5I Agree2I Disagree
Chris Zuercher
09-01-2017 (8:52am)
Art. VII, Sect. A. This section lists a number of items in 1-6. It is not clear to me what we're saying about these items? Based on placement, I suspect these are pieces of information or other considerations that are required to be in the invoice. However, its not actually stated. IF that is what is intended, perhaps add the following language just before the listed items: "Each invoice shall include at least the following elements:"
5I Agree2I Disagree
Chris Zuercher
09-01-2017 (8:56am)
Art. XXII - Screening/Selection, Sect. B(2)(c) talks about not permitting a person to transport who has an OVI or similar conviction, but only if they have had three within a three year period. Does this offer the Agency sufficient protection?
7I Agree1I Disagree
Chris Zuercher
09-01-2017 (9:00am)
Just one more general comment... Many of the articles include references to other articles in the agreement by citing the Article No. using roman numerals. It looks like some of the articles have been renumbered, but the references to other Articles weren't updated. I suspect there's a plan for this to happen before the doc is finalized, but wanted to point it out just in case... Thanks.
4I Agree2I Disagree
Steve Ehrle
09-05-2017 (11:03am)
Article V.B. Change wording to read " Provider agrees to submit a monthly progress report as negotiated by the parties to the Children Services Assistant Director for each child no later than the fifteenth (15th) day of each month. The progress report will be based on the child’s ICCA and case plan and should include documentation of services provided to the child (visits to the child, counseling outcome(s), etc.). Failure to submit the progress reports may result in a delay of payment until such time that the Provider comes into compliance."
6I Agree2I Disagree
Steve Ehrle
09-05-2017 (11:06am)
Article V.E. Add the following situation to notify the Agency "j. The child's medication has changed."
4I Agree2I Disagree
Steve Ehrle
09-05-2017 (11:14am)
V. S Recommend the following be added: " Provider agrees to transfer copies of the child’s records to the Agency within forty-eight (48) hours of the request. Copies of the records are to be submitted electronically via email as an attached, scanned pdf file(s) or via facsimile (fax)."
4I Agree2I Disagree
Steve Ehrle
09-05-2017 (11:15am)
V.T. Recommend the following be added: "Provider agrees to provide transportation for the child to subsequent placements including those outside the Provider network. Transportation shall be limited to within the State of Ohio."
4I Agree1I Disagree
Steve Ehrle
09-05-2017 (11:18am)
Article VIII.J. Recommend the following be added: "Provider agrees to provide written notification to the Agency of requested per diem rate changes. Written notification shall contain the total per diem rate and the per diem rate components (Maintenance, Administration, Transportation, Other, etc.). Per diem rate changes shall take effect the first calendar day of the month after the per diem rate change has been formally approved by the Provider and Agency in a contract amendment."
4I Agree2I Disagree
Steve Ehrle
09-05-2017 (11:23am)
Article XX.A. Recommend the requirement for "...One Hundred Thousand Dollars ($100,000) coverage in legal liability fire damage." be removed from the clause. We have observed that no provider seems to include this endorsement in their certifications in the Commercial General liability section.
2I Agree1I Disagree
andrew wannemacher
09-18-2017 (11:38am)
Article XX and Article XXI are problematic if both parties to the contract are governmental agencies. Article XXI Indemnification & Hold Harmless - According to our prosecutor, governmental agencies can not enter into indemnification & hold harmless agreements. There is an Ohio Attorney General’s Opinion 2005-007, which indicates that indemnification clauses entered into by governmental agencies are void and unenforceable unless the governmental agency entering into the contract has appropriated funds matching the maximum dollar amount of the contract. Article XX(F) Additional insured provision - Our county participates in the County Risk Sharing Authority (CORSA) and we have yet to receive an answer on whether we can add additional insureds. Article I - Section 1.03 Exhibits. This provision automatically deems the scope of work an exhibit, even if one is not done.
1I Agree1I Disagree
Leah Zuck
09-22-2017 (2:36pm)
There are a few contract clauses that were not included in this contract. FCCS recommends the following clauses to be added: Add “Integration”: This Contract constitutes the entire agreement of the Parties. There are no promises, terms, conditions, or obligations binding the Parties other than those stated herein. This Contract supersedes all previous placement contracts, communications, representations, or agreements, either written or oral, between the Parties. Add “Interpretation”: Unless the context of this Contract clearly requires otherwise, references to the plural include the singular, references to the singular include the plural, and the term “including” is not limiting. The words “hereof,” “herein,” “hereby,” “hereunder,” and similar terms in this Contract refer to this Contract as a whole and not to any particular provision of this Contract. Any reference in this Contract to any agreement, instrument, or document shall include all amendments, changes, extensions, modifications, renewals, replacements, substitutions, joinders and supplements, thereto and thereof, as applicable. Any reference herein to any person will be construed to include such person’s successors and assigns as otherwise permitted herein. Add “Counterparts”: This Contract may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, and each of these counterparts shall constitute one and the same instrument. It shall not be necessary in making proof of this Contract to produce or account for more than one such counterpart. An electronic signature or a scanned or otherwise reproduced signature shall be a binding signature and carry the same legal force as the original. Add “Severability”: If any term of this Contract or its application thereof to any person or circumstance shall to any extent be held invalid or unenforceable, the remainder of this Contract, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby. Each term and provision of this Contract shall be valid and enforced to the fullest extent permitted by law.
0I Agree2I Disagree
Don Warner, Oesterlen
09-23-2017 (8:11pm)
Oesterlen is offering recommendations without benefit of review or consideration of the ODJFS compilation and analysis of the statewide PCSA's Addenda / Amendments. 1. To the fullest extent possible--upon completion of this first-year review--as much of the SACWIS / Master Contract as possible should be mandated as disallowed from modification without specific written prior approval of ODJFS. 2. Articles I through IV—Articles I through V appear to be Contract Language that can be mandated and disallowed from modification.
0I Agree1I Disagree
Don Warner, Oesterlen
09-23-2017 (8:32pm)
Article V, J., Provider Responsibilities—The following “language modification and new language” is suggested to be added to Article V, J. The suggested revision is: “The Provider shall participate in a Placement Preservation meeting with the Agency prior to issuing a notice of removal of a child. Unless otherwise mutually agreed upon a minimum of 14 calendar days’ notice shall be given if placement preservation is unable to be achieved. A Discharge Plan Summary shall be provided no later than thirty (30) calendar days after the …”
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:33pm)
Article VI B., (see the last part of the first sentence) Agency Responsibilities—It is suggested that the following language be deleted: “…or within a reasonable time thereafter as agreed to by the parties.”
0I Agree1I Disagree
Don Warner, Oesterlen
09-23-2017 (8:34pm)
Article VI, B., Agency Responsibilities—It is recommended that the following language be added to Article VI B unless the Review Group wishes to “reorder the alpha sequencing” of this Article and add it as another “item” under this Article: “Agency agrees to also provide a copy of each child’s social history, full disclosure of medical history and assigned Medicaid Managed Care Organization once obtained by the Agency for new cases or at placement for existing cases.”
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:34pm)
Article VI C., Agency Responsibilities—The referenced “Article XIIIII” is incorrect. The referenced Article should be “Article XIV”.
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:35pm)
Article VI F., Agency Responsibilities—Near the middle of the second sentence of this Article VI, F, there is a “typo” of the word “of”. The word “of” should be deleted.
0I Agree2I Disagree
Don Warner, Oesterlen
09-23-2017 (8:37pm)
Article VI G., Agency Responsibilities— The following “language modification and new language” is suggested to become Article VI, G. The suggested modification is: “The Agency shall participate in a Placement Preservation meeting with the Provider prior to the removal / termination of a child from placement with the Provider unless otherwise mutually agreed upon. The Agency shall issue a thirty (30) calendar days’ notice for planned removals. The exception is if a termination of a placement is ordered by a court of competent jurisdiction. Court Orders shall be followed.”
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:37pm)
Article VII, A., Invoicing For Placement Services—It is suggested the following language be added to the first sentence: “…within the 1st ten calendar days…” The first sentence would then read: “The Provider agrees to submit a monthly invoice within the 1st ten calendar days following the end of the month in which services were provided. The invoice shall be for services delivered in accordance with Article I of this Agreement.” If the time frame for invoice submittal is stated within Article VII, A, the hope is that it would address the need for all the counties and not require an Amendment. The number of days could possibly be left as a “fill in”.
0I Agree1I Disagree
Don Warner, Oesterlen
09-23-2017 (8:38pm)
Article VIII, E., Reimbursement For Placement Services—The current Contract Language is suggested to be deleted and replaced with the following: “The Agency may agree to reimburse for the days that a child is temporarily absent from the direct care of the Provider—Planned or Unplanned, due to matters, such as but not limited to, AWOL, Hospitalization, Visitation—for no more than 3 days unless otherwise agreed to by the parties in writing, prior to the expiration of the third day.” The number of days could possibly be left as a “fill in”.
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:39pm)
Article VIII, H., last sentence, Reimbursement For Placement Services—The referenced Article VI in the last sentence of this section of the Contract is incorrect. The referenced Article VI should be Article VII.
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:40pm)
Article VIII, I., last paragraph, first and last sentences, Reimbursement For Placement Services—The first reference Article VI should be Article VII and the last referenced Article XIII should be Article XIV.
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:40pm)
Article IX, D., second sentence, Termination; Breach and Default-- The referenced Article VI should be Article VIII. Article IX, E., first sentence, near the end, Termination; Breach and Default-- The referenced Article V should be Article VIII.
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:41pm)
1Article X, Records Retention and Confidentiality Requirements—Article X appears to be Contract Language that can be mandated and disallowed from modification.
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:42pm)
15. Article XI, A., Provider Assurances and Certifications—The referenced Article XXI should be Article XXII. Additionally: It appears that the word “interns” at the end of the sentence is misplaced. Should it not be as follows?: “…concerning criminal record checks, arrests, convictions and guilty pleas relative to foster caregivers, employees, volunteers and interns who are involved in the care for a child.”
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:43pm)
Article XI, H, 2., Provider Assurances and Certifications—There is a reference to notification “…to the Agency within five (5) business days.” It is being suggested that the referenced business days be changed to “ten (10) business days.” Articles VI, E.; XIV, A.1 and XXIV already have references to ten business days. It is realized that not all referenced time frames can be the same but to the extent that as many as appropriate can be referenced for the same time frame helps bring consistency and “memory recall” for specifics of the contract.
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:44pm)
Article XII, Independent Contractor Article XIII, Audits and other Financial Matters Article XIV, Grievance / Dispute Resolution Process Article XV, Amendments Article XVI, Notice Article XVII, Construction Article XVIIII, No Assurances Article XIX, Conflict of Interest Article XX, Insurance Article XXI, Indemnification and Hold Harmless The above noted Articles (Articles XII through XXI) appear to be Contract Language that can be mandated and disallowed from modification.
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:45pm)
Article XXII, A., 1., Screening and Selection-- The referenced Article X should be Article XXII. Article XXII, B., 1., Screening and Selection— The referenced “Childs” should be “children”. Article XXII, B., 1.b., near the end of the sentence, Screening and Selection— The use of the word “of” in “…of in accordance with…”should be deleted.
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:46pm)
Article XXIII, Prohibition of Corporal and Degrading Punishment-- The use of the word “child” in “…against child served by Agency.” should be “children”.
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:46pm)
Article XXIV, Excluded Parties List Article XV, Public Records Article XXVI, Child Support Enforcement Article XXVII, Declaration of Property Tax Delinquency Article XXVIII, Subcontracting and Delegation Article XXIX, Property of Agency Article XXX, Waiver Article XXXI, No Additional Waiver Implied The above noted Articles (Articles XXIV through XXXI) appear to be Contract Language that can be mandated and disallowed from modification.
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:48pm)
Article XXXII, first paragraph, Applicable Law and Venue—It is believed that the reference to legal action having to be “…filed in the courts located in Cuyahoga County, Ohio.” is a mistake. It is suggested that the following language be substituted: “…filed in the courts located in the county in which the PCSA is located.” Or something similar.
0I Agree0I Disagree
Jonathon Hart
09-25-2017 (2:51pm)
1. Article I. Section 1.03 Exhibits - please add space and reference to additional exhibits, addendums, and schedules as we would like the ability to add additional provisions outside of the master contract that are more specific. Additionally, you reference addendums and a "schedule A" later in the agreement (see Article V and Article VIII) without any early reference incorporating them. We are asking for the option to add as many exhibits as desired for flexibility. 2. Article V. Provider Responsibilities Section C. - it would be preferable that all placement changes (even in an emergency) occur only with the approval of the PCSA, and this should be possible as all PCSAs should be available 24/7. 3. Article XXI. Indemnification and Hold Harmless - please add language stating that the PCSA retains all rights regarding decisions in representation, defense, strategy, and possible resolution of any and all claims. 4. Article XXXII. Applicable Law and Venue - this draft includes Cuyahoga. Will this automatically change based on the location of the PCSA? How will that work? We will not contract with an entity unless the jurisdiction is limited to Summit County (for us). 5. Article III. Order of Precedence - there may be occasion where we would like to override the master agreement with an exhibit - we propose adding the language "unless explicitly set forth in the Exhibit that it takes precedence over this Agreement, then if any provision of this Agreement irreconcilably conflicts...the Agreement takes precedence..."
1I Agree0I Disagree
Leah Zuck
09-27-2017 (11:55am)
After further review of the master contract, FCCS also suggests the following language be addressed in the master contract as it currently does not exist: -Normalizing Foster Care -Duty to Warn including respite care -Data Security -Responsibility of Data Breaches We also want to address the language contained in Article VIII, bullet F due to changes with Medicaid. FCCS can provide our suggested language when the workgroup meetings begin.
1I Agree0I Disagree
Michele White
09-28-2017 (10:12am)
ARTICLE V: Add new letter (S) with following proposed language: Provider agrees to maintain and update maintenance and administrative ceiling costs in SACWIS in compliance with the Ohio Ad (INSERT SECTION HERE). Article XXII: SCREENING AND SELECTION A. Criminal Records Check 1) Provider warrants and represents . . . shall insure that every individual, including employees, foster parents, adoptive parents, or volunteers, … Then a new 4) Provider agrees to be financially responsible for any audit findings resulting in financial penalty due to lack of compliance
0I Agree0I Disagree
Michele White
09-28-2017 (11:07am)
Addition to Article VIII. Article VIII Item F Medicaid/Insurance Upon receipt of formal documentation, agency will submit to Service Provider Medicaid/insurance numbers for children in agency custody, as applicable. The service provider is required to utilize Medicaid-approved healthcare providers in the appropriate managed care network for the provision of mental health, dental and/or medical services (hereafter referred to collectively as "medical services") to children in the custody of agency. The Service Provider will report applicable Medicaid/insurance information to the healthcare providers and instruct healthcare providers to seek payment from Medicaid or any other available third party payer for medical services rendered to children in agency custody. agency will not pay for the provision of any medical services to children in agency custody unless the agency Executive Director or authorized designee has provided specific prior written authorization for such medical services and associated costs. In situations where the Service Provider does not possess a Medicaid/insurance number or other information required to bill an alternative source for services provided to children in the custody of agency, the Service Provider must take the following actions. A. The Service Provider will contact agency for assistance with resolving Medicaid/insurance number issues. B. Within thirty (30) days if an invoice from a healthcare provider for services rendered to a child in agency custody, the Service Provider should forward the invoice to the agency information Failure to forward this invoice to agency within thirty (30) days will constitute a waiver of any claim against agency for payment of the invoice. If the Service Provider receives additional notices regarding the invoice, the Service Provider must contact the agency to confirm that agency received the initial invoice and to obtain the status of payment arrangements. The Service Provider SHALL NOT pay the invoice and expect or request reimbursement from FCCPS without the prior written approval of agency. C. If a child who is in custody of FCCPS requires pharmaceutical supplies, Service Provider must obtain the supplies from a pharmacy that accepts Medicaid/insurance payments. agency retains the right to recoup funds from the Service Provider upon the determination that third party funds are duplicative (in the aggregate) of agency payments to the Service Provider, or in the event that the Service Provider fails to properly credit any and all such third party payments. Relative to recouping funds, agency may withhold from subsequent reimbursement to the Service Provider an amount equal to any un-credited or duplicate third party payments. For purposes of this paragraph, "third party" includes, but is not limited to, Medicaid and private insurance companies. The Service Provider shall obtain and provide a written estimate for any non-routine, non-emergency, or out-of-network medical and dental expenses to agency along with the written recommendation of the physician or dentist. The Service Provider is not permitted to deliver or authorize any health/dental care or treatment services (including, but not limited to, mental health services), without the prior written consent of the agency Executive Director or authorized designee (see Consent for Medical Treatment letter).
0I Agree1I Disagree
Mark Mecum
09-28-2017 (4:29pm)
This comment is on behalf of an OACCA member: 1.) The state must genuinely strive to ensure every county actually uses the same base contract. 2.) Agencies/Counties not paying invoices within a 30-45 day window must pay a 10% penalty per month. 3.) Children must arrive to an out of home care placement setting with 7 days supply of clothing. Or if not, a $200.00 clothing voucher must accompany the child at time of placement. If additional clothing is needed during the child's placement, the agency/county will provide a $100.00 per quarter clothing voucher. 4.) Because of the actions of their placement, the agency/county will reimburse the provider for any damages to property/contents exceeding $100.00. 5.) BedHold days are the same for every agency/county with a minimum of seven (7). Any requests exceeding 7 must be in writing and approved by both parties. 6.) Any transportation needs exceeding 75 miles are shared 50/50. If a child is transported for any court appearance, hearing or other event and it is cancelled without sufficient notice to the provider, the agency/county will reimburse the provider at $1.00 per mile to cover personnel and vehicle expense.
0I Agree0I Disagree
Josephine Davidson
09-29-2017 (9:37am)
Article I - The parties agree that an Individual Child Care Agreement (hereinafter referred to as an ICCA) will be compiled for each child, which shall govern the child’s care while in the custody of the Agency, and placed with the Provider, pursuant to this contractual agreement. The Agency will monitor each ICCA as established by its protocols and procedures to ensure that the care required under each agreement is being provided to the child. The language contained within each ICCA is incorporated as if fully written herein. In instances where children are in care from one contract year to the next contract year, the last ICCA executed under the prior contract shall carry forward as the current ICCA for the next contract year. The ICCA shall be consistent with the Agency’s policies and procedures, current state and federal laws, federal regulations and relative to the Providers licenses or certified functions and services. Services outside of the Providers license or certified functions are not covered under this scope of services and therefore are prohibited from being performed under this contractual agreement.
0I Agree0I Disagree
Josephine Davidson
09-29-2017 (9:38am)
Article I - C. This substitute care agreement governs the care of children in the care and custody of (county) Department of Job and Family Services who are placed with a Provider once an Individual Child Care Agreement form is negotiated, accepted and executed by both parties. Execution of the contract alone does not guarantee placement of youth within the Providers facility throughout the contract year.
0I Agree0I Disagree
George Frederick
09-29-2017 (11:32am)
ARTICLE XX. A governmental entity which is a Provide under this contract, such as juvenile court or county commissioner operated facility, have limited, if any, ability to include another entity on its insurance policies. ARTICLE XXI, A governmental entity which is a Provide under this contract, such as juvenile court or county commissioner operated facility, have no legal authority to agree to indemnify another party unless certain cumbersome conditions are met. Recommend that both of these ARTICLES be removed where the Provider is a governmental entity.
0I Agree0I Disagree
Josephine Davidson
09-29-2017 (1:50pm)
Article IV - The following additional definitions shall govern this contract: 1. Administration Costs: means those costs as specified in Ohio Administrative Code Rule 5101:2-47-01 and 45 C.F.R. 1356.60. 2. C.F.R.: means the Code of Federal Regulations 3. Emergency removal: means a situation where there is reason to believe that a child or caregiver is in immediate danger of serious harm. 4. Maintenance Costs: means those costs as specified in Ohio Administrative Code 5101:2-47-01 and 45 C.F.R. 1356.60. 5. Specialized Foster Home: means a medically fragile foster home or a treatment foster home.
0I Agree0I Disagree
Josephine Davidson
09-29-2017 (1:50pm)
Article IV - 6. Treatment Foster Home: means a foster home that incorporates special rehabilitative services designed to treat the specific special or exceptional needs of the children received in the foster home and that receives and cares for children who are emotionally or behaviorally disturbed, chemically dependent, mentally challenged or developmentally disabled, or who otherwise have special or exceptional needs. 7. Generally Accepted Accounting Principles: has the meaning specified in generally accepted auditing standards issued by the American Institute of Certified Public Accountants. (AICPA). 8. Government Auditing Standards: means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits. 9. Maternity Home: is a home as defined in Ohio Administrative Code Rule 3701:7-01 10. ICCA: means an Individual Child Care Agreement. 11. Placement Setting: means the physical location legally associated with the placement resource.
1I Agree0I Disagree
Josephine Davidson
09-29-2017 (1:52pm)
Article V - 1. The Provider agrees to provide the identified child with placement in a licensed foster home, group home, residential treatment facility and/or residential parenting facility. The license must be current and adequately reflect information on the placement resource. The placement resource must not be currently under investigation for third party investigations, license violations, misconduct toward children or any other concerns. Services shall be provided by persons who are duly credentialed to provide child welfare services in the State of Ohio. Evidence of said credentials shall be maintained by the Provider and presented immediately to the Agency upon request.
0I Agree0I Disagree
Josephine Davidson
09-29-2017 (1:54pm)
Article V - The Provider will immediately notify the Agency if the Provider is out of compliance with any licensing authority rules or the placement resource is under investigation for license violations or misconduct toward children. Immediately is defined as upon knowledge of the non-compliance issue but not later than twenty four (24) hours from the date of the infraction. The Provider will notify the intake department of the (County) (Agency) of any allegations of abuse or neglect made against the Provider. Allegations will be reported to the assigned children services (Agency) caseworker and to the intake department. The Provider will notify the Agency of any corrective action and the result of the correction action plan. The Provider will submit a comprehensive written report to the Agency within sixty (60) days of the rules violation. 5. The Provider will notify the Agency within twenty-four (24) hours any time there is an event which would impact the placement resource license.
0I Agree0I Disagree
Josephine Davidson
09-29-2017 (2:17pm)
Article V - The Provider agrees to provide each individual child with transportation to and from visitations with parents as scheduled by the Agency in cooperation with the Provider, caregivers, and parents. The Provider agrees to only observe visitations which are arranged by the Agency and to inform and ensure that caregivers will not arrange visitations without the prior approval of the Agency. The Provider agrees to ensure that an individual child will not be permitted to visit with anyone without the direct supervision of the caregivers unless express permission of the Agency is obtained in advance. This includes the child’s parent(s) and/or relatives.
0I Agree0I Disagree
Josephine Davidson
09-29-2017 (2:23pm)
Article V - The Provider will obtain written consent for travel for each child who will travel more than one hundred (100) miles from the placement setting, outside of Ohio. The exception would be to transport the child for family visits. A copy of said policy shall be forwarded to the Provider upon the execution of the agreement by the Agency. The Agency is responsible for notifying the Provider of any subsequent changes to the policy during the contract year. The Provider agrees to ensure that the person(s) transporting the Individual child is a licensed driver, has current insurance, and is suitable for interaction with children pursuant to all applicable federal, state and local laws and regulations. The transporter must be approved by the Agency prior to transporting any children in the custody and/or care of the Agency. The Provider agrees to ensure that any and all persons who may act as alternative caregivers or who have contact with the children are suitable for interaction pursuant to all applicable federal, state and local laws and regulations. All caregivers must be approved by the Agency.
0I Agree0I Disagree
Josephine Davidson
09-29-2017 (2:23pm)
Article V - The Provider agrees not to give permission to allow the audio or video taping of any child in the custody of the Agency for any public use such as fund raising, recruitment, or other types of publicity. The Provider agrees not to allow any pictures to be made, audio taping for media reproduction and/or interviewing of a child of the Agency for general distribution.
0I Agree0I Disagree
Josephine Davidson
09-29-2017 (2:26pm)
Article X - Per Administrative Code under this contract, all records, documents, writings or other information, including but not limited to financial, census and client records used by the Provider in the performance of this contract are treated according to the following terms: The Provider agrees that it will not use any information, systems, or records made available to it for any purpose other than to fulfill the contractual duties specified herein, without permission of the Agency. The Provider further agrees to maintain the confidentiality of all children and families served. No identifying information on children serviced will be released for research or other publication without the express written consent of the Agency Director. Use or disclosure of information concerning the Agency consumers for any purpose not directly related to the administration of this agreement is prohibited. The Provider agrees to keep all financial records in a consistent manner, i.e., generally accepted accounting principles or cash basis accounting. Further, the Provider agrees that each financial transaction shall be fully supported by appropriate documentation and that such documentation shall be readily available for examination at any time, with or without prior notice.
0I Agree0I Disagree
Josephine Davidson
09-29-2017 (2:36pm)
Article X - Concern - - **There is nothing written regarding closing of a facility by the State or by the Providers choice and the collection, destruction or maintenance of confidential records. Example: Group Home decides to close and sell the property. Who responsibility is it to retrieve all records since they take in various county child(ren).
0I Agree0I Disagree
Josephine Davidson
09-29-2017 (2:38pm)
Article XVIII - This instrument embodies the entire agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this agreement shall supersede all previous communications, representations or contracts, either written or oral, between the parties to this agreement. Also, this agreement shall not be modified in any manner except by an instrument, in writing, executed by both the parties.
0I Agree0I Disagree
Josephine Davidson
09-29-2017 (2:40pm)
Article XIX - The Provider further agrees that there is no financial interest involved on the part of the Agency or the Montgomery County Board of County Commissioners. The Provider has no knowledge of any situation which would be a conflict of interest. It is understood that a conflict of interest occurs when the Agency employee will gain financially or receive personal favors as a result of signing or implementation of this agreement. The Provider will report the discovery of any potential conflict of interest to the Agency. Should a conflict of interest be discovered during the term of this agreement, the Agency may exercise any right under the agreement, including termination of the agreement.
0I Agree0I Disagree
Josephine Davidson
09-29-2017 (2:48pm)
Article XXII - Provider agrees to submit the names, birthdates and social security numbers, for all foster parents into the State Automated Child Welfare System (SACWIS). Also to be included are the names, birthdates, social security numbers of any other adults living in each of the Providers licensed placement resources. The information will be used to complete criminal background checks on all adult members living in the Providers placement resources. The Criminal Justice Information System NKA Justice Web may be used to crosscheck the names with the records maintained in that system on a daily basis. All information provided by the Agency to Justice Web is confidential. The Agency ensures the information will not be released as a public record. The Agency will maintain the information in a secure manner. A Central Registry Check, Social Media Check; such as, Facebook, Twitter, etc., and a local police check may be conducted on any person(s) in contact with the child(ren) in the Providers care. This includes but is not limited to employees, volunteers, mentors, etc. A criminal records check (FBI/BCI) , SACWIS check, and background check is required of any person(s) assigned to work and/or transport child(ren) in the care of the Provider. The Agency will notify the Provider of any matched information regarding criminal conviction(s) involving any of the Providers adult placement resource members. The Provider will then be responsible for assessing the safety of each child residing in the placement resource who is in the custody of the Agency. The Provider will share the results of the assessment with the Agency within twenty-four (24) hours. Any decision to remove a child(ren) from the Provider placement resource, based upon the result of the assessment, will be made by the Provider and the Agency. Provider agrees to notify the Agency within forty-eight (48) hours with the name(s) of any new adult that moves into the placement resource household regardless of the intended duration.
0I Agree0I Disagree
Josephine Davidson
09-29-2017 (2:54pm)
Additional possible articles: Legal Action and Governing Law -Any legal action brought pursuant to this agreement will be filed in the Ohio courts, and Ohio law as well as Federal law will apply. Warranties - The Provider warrants that its services and/or goods shall be performed and/or provided in a professional and workmanlike manner in accordance with applicable professional standards. Notice Requirements - Notice to the Agency regarding any of the terms and conditions of this contract should be provided to the Director/Assistant Director (Address of County, or County Name) - Notice to the Provider regarding any of the terms and conditions of this contract should be made available to the Corporate President /Executive Director of their respected facility. Monitoring - The Agency will randomly monitor the services provided to the child as indicated in each childs ICCA developed by the Provider in conjunction with the Agency. This practice will ensure cost effective quality services for each child receiving purchased care services. The data will be used to determine and match per diem rates with services provided by the Provider. The Placement Resources Supervisor will discuss and share any data and concerns with the Manager of Placement Resources. The Manager and/or Assistant Director of the Agency will finalize any decisions, regarding per diem rates. The Agency will notify the Provider in writing any concerns regarding per diem rates and services provided. The Agency staff will conduct periodic site visits to the Providers corporate office to problem solve, relationship build, and gather information, i.e., COA accreditation, Title IV-E eligibility, and ODJFS licensure. The data will be used to monitor standards and practices of the Agency and ongoing use of the Provider. The Agency will track and monitor trends regarding Providers rule violations and out of home care investigations. The data will be used to make recommendations regarding the use of specific placement resources and Provider agencies. If a decision is made not to use a placement resource or a Provider, the Agency will make available to that Provider the information pertaining to the rule or investigation that is specific to the Provider if requested by the Provider. The Agency will monitor the Providers continuous quality improvement processes, i.e., personnel training requirements, outcome measures, case record reviews, rule(s) violation reports, etc. Compliance - The Provider certifies that it and all subcontractors who provide direct services under this agreement will comply with all requirements of federal laws, regulations, applicable OMB circulars, state statutes and Ohio Administrative Code rules in the conduct of work hereunder. The Provider accepts full responsibility for payment of any and all unemployment compensation insurance premiums, workers compensation premiums, all income tax deductions, pension deductions, and any and all other taxes or payroll deductions required for the Provider and employees engaged by the Provider for the performance of the work authorized by this agreement.
0I Agree0I Disagree
Josephine Davidson
09-29-2017 (3:05pm)
Recommendations for SACWIS Contract: 1. Have drop down boxed at the end of each article to add amendment so the flow of the contract is easy to read. 2. Have a tab or area where all required contract documents that are State issued such as ODJFS license, OHMAS license, Title IV-E Letter with calculation table, BWC certificate, financial audit is available, Certificate of Liability Insurance are available to all 88 counties. 3. Since the Lifebook is a contractual requirement have mechanism for providers to download or scan in information, pictures awards, etc so this can be added to and accessed by all 88 counties.
0I Agree0I Disagree
Kevin Goshe
09-29-2017 (4:34pm)
Article II. Term of Agreement, 2nd paragraph. Unless I'm mistaken, there is no way to enter the information in the blanks, you have to write it in after printing the agreement.
0I Agree0I Disagree
Kevin Goshe
09-29-2017 (4:35pm)
When preparing the agreement, there is a field to enter number of leave days, but the number you enter doesn't print on the contract anywhere. Seems counterproductive.
0I Agree0I Disagree
PCSAO
09-29-2017 (8:25pm)
Addition to Article V after O. Suggested language: “The Provider agrees to notify the Agency of a change in Medicaid managed care network status. The Provider will notify the Agency within 45 days of joining the network of a Medicaid managed care plan, or at least 45 days before leaving the network of a Medicaid managed care plan.”
0I Agree0I Disagree
PCSAO
09-29-2017 (8:26pm)
Addition to Article VI L. Suggested concept: Provider also agrees to the same for children in independent living / bridges program.
0I Agree0I Disagree
PCSAO
09-29-2017 (8:26pm)
Addition to Article V. Suggested concept: The Provider agrees to comply with the Agency’s medical informed consent procedures, as outlined in [insert attachment number]. Addition to Article VI. Suggested concept: The Agency agrees to supply The Provider with its medical informed consent procedures, as outlined in [insert same attachment number].
0I Agree0I Disagree
PCSAO
09-29-2017 (8:26pm)
Addition to Article VI. Suggested language: “The Provider agrees to pursue Medicaid reimbursement to the fullest extent possible for all medically necessary physical, optical, dental, and behavioral health services performed by The Provider. This includes The Provider pursuing all prior authorizations and appeals, including those that could be pursued under the Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) benefit as specified in Section 1905(r) of the Social Security Act.”
0I Agree0I Disagree
PCSAO
09-29-2017 (8:27pm)
Addition to Article VI. Suggested concept: Whenever medical transportation is needed, the provider agrees to pursue use of Medicaid transportation services or reimbursement, including non-emergency transportation services and reimbursement from county JFS agencies and/or Medicaid managed care plans. [Agency should not be billed for medical transportation, Medicaid transportation benefit should be used whenever possible.]
0I Agree0I Disagree
PCSAO
09-29-2017 (8:27pm)
Addition to Article V. Suggested concept: The Provider agrees to comply with Every Student Succeeds Act (ESSA).
0I Agree0I Disagree
PCSAO
09-29-2017 (8:28pm)
Addition to Article XI A. Suggested concept: Provider is responsible for any penalties – financial or otherwise – that may accrue because of non-compliance with this provision.
0I Agree0I Disagree
PCSAO
09-29-2017 (8:39pm)
PCSAO agrees with the required actions and responsibilities outlined in Michele White's comment time-stamped 09-28-2017 (11:07am) regarding Additions to Article VIII. Article VIII Item F.