Section 441.152.4. Initiation of contract proposal.

All potential providers have a right to request a contract.

       152.4(1) Initial contact. The initial contact shall be between the potential provider and the bureau of purchased services.

        a.           At the beginning of the contract development process, the bureau shall give the potential provider:

       (1)             Information about the contracting process; and

       (2)             Instructions on how to access the foster group care services provider handbook electronically.

        b.           The provider shall sign Form 470-3057, Verification of Receipt, at the end of the contract development process to verify receipt of information on how to access the handbook.

       152.4(2) Contract proposal development. When the bureau of purchased services determines that a new contract is to be developed, a contract monitor shall be assigned to assist in contract development and processing. The contract monitor shall assist the applicant in the completion of the contract proposal and required fiscal information. The contract proposal shall include all of the following:

        a.           Form 470-3051, Foster Group Care Services Contract Face Sheet.

        b.           Form 470-3404, Foster Group Care Services Negotiated Rate Establishment Amendment. This form need not be completed until the completion of the rate negotiation process, but the contract proposal will not be acted upon until the form is completed and attached to the contract proposal.

        c.           Form 470-3052, Foster Group Care Services Contract, or Form 470-3053, Amendment to Foster Group Care Services Contract.

       152.4(3) Contract proposal approval. The department shall review all complete proposed contracts for compliance with state and federal requirements.

        a.           The applicant shall submit four copies of the contract proposal to the assigned contract monitor 60 calendar days in advance of the desired effective date of the contract.

        b.           Submission within the time frame does not ensure the effective date of the contract. The department shall give the applicant notice and explanation in writing of any delay in the approval process.

        c.           The contract monitor shall forward four signed copies of the contract proposal to the bureau of purchased services within four weeks of receipt.

        d.           Before the contract can be effective, it shall be approved and signed by the following persons:

       (1)             An authorized representative of the provider.

       (2)             The service area manager, who shall make a decision within one week of receipt.

       (3)             The director of the department or the director’s designee, who shall make a decision within 15 days of receipt.

       152.4(4) Rejection of contract proposal. The department shall give the applicant notice and explanation in writing of the reasons for rejection of the contract proposal within ten working days of the decision. The following criteria may cause a proposed contract or proposed contract amendment to be rejected:

        a.           The proposed contract does not meet applicable rules, regulations, or guidelines.

        b.           The applicant has falsified any information required as a condition of participation.

        c.           Licenses submitted as a condition of participation in the contract process have never been approved or have been revoked or suspended.

        d.           The provider fails to provide notification within seven days of any changes that may significantly affect the licenses submitted as a condition of contracting.

        e.           The department and the provider fail to reach agreement on negotiated rates.

[ARC 7741B, IAB 5/6/09, effective 7/1/09]