Section 441.151.35. Contract development for graduated sanction services.

The chief juvenile court officer shall have the responsibility to purchase graduated sanction services (community-based interventions; school-based supervision; or supportive enhancement services).

         151.35(1) Contracting process.

            a.               The chief juvenile court officer for each judicial district shall develop the process for contracting for graduated sanction services. The process shall include:

             (1)             The rationale for selecting which services to provide;

             (2)             The provider selection process, including bid solicitations;

             (3)             Vendor evaluation criteria; and

             (4)             A procedure for resolving appeals.

            b.               The chief juvenile court officer or designee shall develop selection criteria for choosing providers to ensure that resources are targeted effectively within the district. Multiple providers may be selected to address the needs within the district.

            c.               The chief juvenile court officer shall develop a contract with each provider selected through the process.

             (1)             The chief juvenile court officer or designee shall prepare Form 470-0022, Pre-Contract Questionnaire, for each new contract.

             (2)             The chief juvenile court officer, the provider, and the department shall sign the contract.

             (3)             The chief juvenile court officer or designee is responsible for distributing a copy of the signed contract or amendment to the provider.

            d.               The chief juvenile court officer shall have the authority to resolve provider appeals in accordance with procedures approved by the department.

            e.               Contract amendments shall be prepared whenever there is a change in the amount of contracted dollars, contract duration, program description, or any other terms of the contract.

             (1)             Any party to the contract may request an amendment to the contract. The provider may request a contract amendment through the chief juvenile court officer.

             (2)             The chief juvenile court officer, the provider, and the department shall sign a contract amendment.

             (3)             The chief juvenile court officer or designee shall prepare Form 470-0022, Pre-Contract Questionnaire, for each contract amendment.

            f.                The chief juvenile court officer may submit a claim for payment of juvenile court services’ costs of printing, copying, distributing and advertising associated with the contracting process. The claim shall be submitted on Form GAX, General Accounting Expenditure. The cost shall be charged first to the administrative set-aside funds and second to the program fund, as funds are available.

         151.35(2) Contract content. Contracts for purchasing graduated sanction services shall be developed using contract forms approved as to legal form by the assistant attorney general assigned to work with juvenile court services contracts. Contracts with providers shall incorporate all applicable requirements in Iowa Code section 8.47 as well as the administrative and program requirements of this chapter.

            a.               The contract shall:

             (1)             Note the unit cost or payment rate;

             (2)             State the interval for which the cost will be billed;

             (3)             Describe the process the provider shall follow to complete and submit claims for payment; and

             (4)             Specify any approved charges for curriculum materials or other expenses that are involved in the delivery of services but not included in the unit cost or payment rate.

            b.               Contracts with providers of community-based interventions or supportive enhancements shall establish and define the unit of service and the cost of the unit of service to be provided and billed per child. The contract shall specify the payment amount for the unit of service and may specify a maximum number of units but shall not ensure a provider reimbursement for a specific rate of utilization. Payment shall be made only for units of service provided to and billed for specific children.

            c.               Contracts with providers of community-based interventions or supportive enhancements may establish individual or group rates. The contract shall establish a group rate when the service is provided to more than one child at a time. A minimum and a maximum number of participants shall be established when a group rate is set.

             (1)             The group rate may be a set amount to be charged for each child who attends the group. The provider will receive payment for each child served.

             (2)             The group rate may be a set amount to be charged for the group. The provider will receive the same payment amount each time the provider serves the group. The provider must identify all attendees of each group for which payment is claimed.

            d.               Contracts with providers of community-based interventions or supportive enhancements may establish per diem rates when the intensity of service provision per child is variable but the total cost of the provision of the service is known. The range of coverage of the intensity of service provision shall be described in the contract.

[ARC 2435C, IAB 3/16/16, effective 5/1/16]