206 Neb. Admin. Code, ch. 3, § 003

Current through September 17, 2024

Section 206-3-003 - CONTRACTING

The Regional Behavioral Health Authority is responsible for contracting for the publicly funded behavioral health services for consumers within its designated Region, consistent with the approved Regional Budget Plan. Contracting must meet the following requirements.

003.01REGION SERVICES AND CONTRACTS. The Regional Behavioral Health Authority must comply with Neb. Rev. Stat. § 71-809 for all services provided or services contracted through the Region.

003.02REQUESTS FOR PROPOSAL. The Regional Behavioral Health Authority must publicize and distribute a request for proposal that has been approved by the Division, with the exception of services funded by time-limited discretionary grants. Approved requests for proposal must be released with adequate public notice before notification of an award to ensure an open and fair competitive process. Each Regional Behavioral Health Authority is expected to make reasonable efforts to contact all potentially eligible bidders.

003.03REQUESTS FOR PROPOSAL CONTENTS. Requests for proposals for services must at a minimum contain:

(A) A clear description of the process by which consumers are directly and actively involved in the development, implementation, and evaluation of the services to be provided;

(B) A clear description of the services to be provided;

(C) A clear description of the minimum qualifications for prospective bidders;

(D) Accurate data related to the service;

(E) The process to be used to determine the award; and

(F) The process for appeal.

003.04DETERMINATION OF AWARD. The determination of an award for a contract must meet the following minimum criteria:

(A) Each proposal received must be recorded and evaluated according to the published criteria in the request; and

(B) Upon notice of award to the successful bidder, all proposals must be open to public inspection.

003.05AWARD AND MANAGEMENT OF CONTRACTS. Each Regional Behavioral Health Authority is solely responsible for awarding and managing contracts resulting from the request for proposal process.

003.06DIVISION APPROVAL. The Regional Behavioral Health Authority must receive approval from the Division before entering into contracts with any provider providing behavioral health services funded in whole or in part by the Division. The Division's approval of the Regional Budget Plan and funding allocation may serve as the written approval for the purposes of this requirement.

003.07PROVIDER CONTRACTS. The contract between the Regional Behavioral Health Authority and the provider must stipulate that the provider must adhere to the regulations and contract requirements of the Division.

003.08PROVIDER ENROLLMENT. The Regional Behavioral Health Authority is responsible for enrolling contracted providers in their network. The Regional Behavioral Health Authority shall develop policies and procedures for determining eligibility for enrollment. At a minimum, the enrollment must include:

(A) A demonstration of capacity to provide behavioral health services based upon verification of:

(i) Compliance with all applicable state standards and licensure requirements for program, facilities, and staff members;

(ii) Professional licenses and endorsements;

(iii) All applicable insurance coverage; and

(iv) Fiscal viability, including fiscal and budgetary systems that provide appropriate accounting for and spending of contracted funds;

(B) A verified demonstration of compliance with state or national accreditation standards;

(C) Documented completion of an on-site visit for all contracted providers before enrollment and service provision to any consumer receiving services funded by the Division. This on-site visit must include the following minimum areas:

(i) Verification of compliance with this chapter; and

(ii) Verification that the clinical record keeping practices conform with the provider's plan submitted and meet the minimum requirements this title; and

(D) Primary source verification of all information used to meet the criteria.

003.09PERFORMANCE REVIEW. Contract renewal is determined through a performance review that at a minimum includes:

(A) Continued compliance;

(B) A review of data demonstrating the operation of the service outlined in the current contract;

(C) Consumer satisfaction;

(D) Compliance with information reporting to the Division;

(E) On-site visit;

(F) Completion of all provider enrollment forms and reports specified by the Division; and

(G) Documentation of inclusion of consumers in development, implementation, and evaluation of services.

206 Neb. Admin. Code, ch. 3, § 003

Amended effective 4/11/2015.

Amended effective 6/27/2021