As a compromise to the Gottfried bill, the Executive Chamber has issued a proposal that, if passed into law through the final budget, would allow certain additional fiscal intermediaries to be added to the list of RFO awardees. We summarize that proposal here, while emphasizing that this is just a proposal and the final budget bill language will be issued tomorrow, April 1.
Specifically, under the Executive’s proposal, the Commissioner of the Department of Health would be authorized to either reoffer contracts to everyone or utilize the previous applications to “ensure that” there are adequate providers to serve consumers.
To the extent the Commissioner chooses to simply add additional fiscal intermediaries to the list of existing awardees, the Executive’s proposal would require the Commissioner to “survey all qualified applicants” that responded to the RFO and obtain the following information about those provider applicants: (1) whether the applicant is a nonprofit charitable entity; (2) whether the applicant has been performing fiscal intermediary services continuously since January 1, 2012; (3) confirmation of the main office address for the applicant, as reported on the applicant’s tax returns; (4) whether the applicant is authorized to provide services under the OPWDD; (5) whether the applicant has historically provided fiscal intermediary services to racial and ethnic minority residents or new Americans, in such consumers’ primary language; and (6) whether the applicant entity is verified as a minority or woman-owned business enterprise.
The Commissioner would provide non-awardees with 30 days to respond to the Commissioner with the above information. Failure to respond would disqualify the applicant from further consideration for the CDPAP RFO.
As proposed by the Executive, the Commissioner would review the results, with the goal of “ensur[ing] the availability of fiscal intermediaries that are experienced at serving individuals with intellectual and developmental disabilities, racial and ethnic minorities, or new Americans in such consumers’ primary language.” In making decisions about additional RFO awards, the Commissioner would be authorized to:
1. Award up to 2 additional applicants that are located in each county with a population of more than 200,000 but less than 500,000 based on the provider’s primary mailing address
2. Award to up to 5 additional applicants that are located in each county with a population of 500,000 or more, based on the applicant’s primary mailing address
3. Award to up to 5 additional contracts to applicants that are (a) organized as a not-for-profit corporation; (b) have been performing administrative services as fiscal intermediaries since January 1, 2012; and (c) are currently authorized, funded, approved or certified to deliver state plan and home and community-based waiver supports and services to individuals with intellectual and developmental disabilities by the office for people with developmental disabilities.
4. Award up to 5 additional RFO awards to nonprofit applicants that have been providing fiscal intermediary services continuously since January 1, 2012 and which have a proven record of serving racial and ethnic minority residents in their primary language.
5. Award up to 5 additional contracts to businesses that have been verified as a minority or woman-owned business enterprise.
In awarding any new RFO contracts based on the above criteria, the Commissioner is not authorized to rescore the applications, but rather is directed to award contracts to the “next highest scoring” applicant that meets the above criteria.
The final budget bill – and the final CDPAP RFO language – comes out tomorrow. We will update you as we learn more. In the meantime, please do not hesitate to reach out if you have any questions.