HomeMy WebLinkAboutDDA and KCPHD Service Agreementb6 L a
Kittitas County
Review Form
Grants & Contract Agreement
Contra nt lnformation
Recommendation for Board of Health and Board of Health Review on
Department Head Signature:Administrator Date:
Today's Date
7h/2O21 h a ?-l
Agenda Date
Fund/Department
116-Public Health
Contract Devel mental Disabilities Administration Drantn
Period Begin Date: July 1,202L Period End Date: June 30,2022
Total Grant/Contract Amount:SG3o,642.oo
Number: 2L63-24876
DDA contract funds provide administration oversight and pass thru funds to support activities for
individuals with disabilities in Kittitas County.
Contract/Gra nt Su mmary
Kittitas County Prosecutor, Auditor, and Board of Health Review and Comment
APPROVED TO FORM:
sig natu P s Office
/{
s itor's Office Date
Signature of Board of Health member Date
Grant/Contract Review Page 1
Financial lnformation
Bu lnformation
Pass lnformation
Prosecutor Review
Total Amount S630,542.00 state Funds s630,642.00 Federal Funds $
Percentage County Funds Matchins Funds S CFDA#
ln-Kind $
Explain
ls Equipment being purchased?Who owns equipment?
New Personnel being hired?Contact HR hiring - reporting requirements
Future impacts or liability to Kittitas County:
Budeet Amendment Needed?Yes f] attach budget form No E Why not
Only need if actual amount billed exceeds
contract amount at Vear end.
New Division Created?
Revenue Code: 105,568.334.04.68
Agency to Pass Through
Amount to Pass Through s
Sub-Contract Approved Date:
Has the Prosecutor reviewed this agreement?YesE[ ruo LJ
De rtments lm cted
Submitted
Auditor Facilities Maintenance
lnformation Services Human Resource
TreasurerProsecutor
Department:
s ature:Date:
ment of Tra lnformation
Reviewer Date
Grant/Contract Review Page 2
Auditor's Office
Human Resource
^-----..^^-,- A!Cr-^rluscLuLUr 5 \.,l ilLE
Who Signed the grant application
333
Jlrt
fiRr
Wathto0too Str,t
Department of Social
& Health Senices
Translorming lives
COUNTY
PROGRAM AGREEMENT
DDA Gounty Services
DSHS Agreement Number
2163-24876
This Program Agreement is
Social and Health Services
by and between the State of Washington Department of
(DSHS) and the Coung identified below, and is issued in
conjunction with a County and DSHS Agreement On General Terms and Conditions,
which is incorporated by reference.
Adminislration or Division
Agreemenl Number
County Agreemenl Number
DSHS ADMINISTRATION
Developmental Disabilities
Admin
DSHS DIVISION
Division of Developmental
Disabilities
DSHS INDEX NUMBER
1225
DSHS CONTRACT CODE
1769CS-63
DSHS CONTACT NAME AND TITLE
Seanna Woodard
Operations Manager
DSHS CONTACTADDRESS
1611 W lndiana Ave
Spokane, WA 99205
DSHS CONTACT TELEPHONE
(509)329-2952
DSHS CONTACT FAx
(509)568-3037
DSHS CONTACT E-MAIL
woodas@dshs.wa.oov
COUNTY NAME
Kittitas County
Kittitas County DDA County Services
COUNTYADDRESS
507 North Nanum Street Suite 102
, wA 98926-2886
COUNTY FEDERAL EMPLOYER IDENTIFICATION
NUMBER
91-6001 349
COUNTY CONTACT NAME
Kasey Knutson
FAX
962-7090 962-s883 wa.
IS THE COUNryA
AGREEMENT?
PURPOSES OF THIS CFDA
No
PROGRAM AGREEMENT START DATE
07101t2021
PROGRAM AGREEMENT END DATE
06t30t2022
MAXIMUM PROGRAM AGREEMENT AMOUNT
$630,642.00
following Exhibits are attached: Exhibit A - Data Security ExhlbltB-Budgetand
Plan
By their sig natu res below the pa rties agree to the term s and conditions of th is Cou nty Program reement and all
documents incorporated by reference.No other understand ings or representation s,oral or oth erwtse,regarding the
subject matte I of th ls Program Ag reement shall be deemed to exist or bind the parties.Th parties sl gn ing below certify
that are au n th ls ram
couNw STGNATURE(S)PRTNTED NAME(S) AND TTTLE(S)
Trrshv l-oWb
DrREcroR #
DATE(S) STGNED
0l lur
D1
DSHS srcNArr*r (/
VZoZ;ua Daloct
PRINTED NAME AND TITLE
Melissa Diebert, Management Analvst
DATE SIGNED
09t24t21
DSHS Central Contract Seruices
1 769CS County Agreement 06-08-2021
Page 1
1
Special Terms and Conditions
Definitions Specific to Program Agreement: The words and phrases listed below, as used in this
Program Agreement, shall each have the following definitions:
a. "Acuity Level" means the level of an individual's abilities and needs as determined through the DDA
assessment.
b. UAWA" means ALTSA Web Access.
c. "Additional Consumer Services" refers to indirect Client service types as follows
(1) "Community lnformation and Education": Activities to inform and/or educate the general public
about developmental disabilities and related services. These may include information and
referral services; activities aimed at promoting public awareness and involvement; and
community consultation, capacity building and organization activities.
(2) "Training": To increase the job related skills and knowledge of staff, providers, volunteers, or
interning students in the provision of services to people with developmental disabilities. Also to
enhance program related skills of board or advisory board members.
(3) "Other Activities" reserved for special projects and demonstrations categorized into the following
types:
(a) lnfrastructure projects: Projects in support of Clients (services not easily tracked back to a
specific working age Client) or that directly benefit a Client(s) but the Client is not of working
age. Examples include planning services like benefits planning and generic job
development e.g. "Project Search".
(b) Start-up projects: Projects that support an agency or directly benefit the agency. Examples
include equipment purchases and agency administrative support,
(c) Partnership Project: Collaborative partnerships with school districts, employment providers,
DVR, families, employers and other community collaborators needed to provide the
employment supports and services young adults with developmental disabilities require to
become employed during the school year they turn twenty-one (21).
d. "BARS" means Budget and Accounting Reporting System
currently eligible and active with the Developmental Disabilities Administration or is an identified
PASRR Client.
f. "Competitive lntegrated Employment" means work performed by an individual on a parttime or full-
time basis, within an integrated setting within the community that meets HCBS settings
requirements. The individual must be compensated at minimum wage or higher, using the higher of
the Federal, State, or local rate, and at a rate comparable to the wage paid to non-disabled workers
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advancement.
g. "Consumer Support" refers to direct Client service types as follows:
(1) "Community Inclusion" or "Cl": services are individualized services provided in typical integrated
community settings. Services will promote individualized skill development, independent living
and community integration for persons to learn how to actively and independently engage in
DSHS central contract services
Page 2
1 769CS County Agreement 06-08-2021
Special Terms and Conditions
their local community. Activities will provide opportunities to develop relationships and to learn,
practice and apply skills that result in greater independence and community inciusion. These
services may be authorized for individuals age 62 and older. These services may be authorized
instead of employment support (lndividual Employment or Group Supported Employment) for
working age individuals who have received nine months of employment support.
(2) "Child Development Services" or "CDS": Birth to three services are designed to meet the
developmental needs of each eligible child and the needs of the family retateO to enhancing the
child's development. Services may include specialized instruction, speech-language pathology,
occupational therapy, physical therapy, assistive technology, and vision services. Services areprovided in naturalenvironments to the maximum extent appropriate.
(3) "lndividual Supported Employment" or "lE": services are a part of an individual's pathway io
employment and are tailored to individual needs, interests, and abilities, and promote cjreer
development. These are individualized services necessary to help persons with developmental
disabilities obtain and continue integrated employment at or above the state's minimum wage in
the generalworKorce. These services may include intake, discovery, assessment, job
preparation, job marketing, job supports, record keeping and support to maintain a job.
(4) "lndividualized TechnicalAssistance" or "lTA": services are a part of an individual's pathway to
individual employment. This service provides assessment and consultation to the employment
provider to identify and address existing barriers to employment. This is in addition to supports
received through supported employment services for individuals who have not yet achieved
their employment goal.
(5) "Group Supported Employment" or "GSE": services are a part of an individual's pathway to
integrated jobs in typical community employment. These services are intended to be short term
and offer ongoing supervised employment for groups of no more than eight (8) workers with
disabilities in the same setting. The service outcome is sustained paid employment leading to
further career development in integrated employment at or above minimum wige. ExampGs
include enclaves, mobile crews, and other business models employing small groups of workers
with disabilities in integrated employment in community settings.
h. "County" is the political subdivision of the state of Washington and the county or counties entering
into this Program Agreement.
i. "CRM" means the DDA Case Resource Manager.
j. "CSA" means County Service Authorization.
k. "DD" means developmental disabilities.
l. .DDA' means the Developmental Disabilities Administration within DSHS.
m. "DDA Region" means the DDA Regional office.
n. "DVR' means the Division of Vocational Rehabilitation.
"Employment Outcome Payment" means a payment to providers for transition students born
between specific dates; have high acuity; are authorized for lndividual employment; and student
obtains a competitive integrated job within a specific timeframes. lf the job is a minimum of ten
hours of work per week an additional amount will be include in the payment.
o
DSHS Central Contract Services
1 769CS County Agreement 06-0S-2021
Page 3
2
Special Terms and Conditions
p "General Terms and Conditions" means the contractual provisions contained within that agreement,
which govern the contractual relationship between DSHS and the county.
q. "HCBS' means the Medicaid Home and Community Based Services"
r. "Job Foundation Report" is a document derived from eqLp.lpyllpnt readineqE_ggllyjleq-performed by
students who are between ages 19 through 20 that identifies actionable next step for employment.
The employment service providers developing the Job Foundation report will be supporting
students with employment activities on average of 35 hours until student moves to Job
Development phase of employment activities.
s. 'PASRR" means Preadmission Screening and Resident Review
t. "PCSP' means Person Centered Service Plan, a document that authorizes and identifies the DDA
paid services to meet a Client's assessed needs. Formerly referred to as the lndividual Support
Plan.
u. "Quality Assurance" means an adherence to all Program Agreement requirements, including DDA
Policy 6.13, EmploymenUDay Program Provider Qualifications, County Guidelines and the Criteria
for Evaluation, as well as a focus on reasonably expected levels of performance, quality, and
practice.
v. "Quality lmprovement" means a focus on activities to improve performance above minimum
standards and reasonably expected levels of performance, quality and practice.
w. "service Provider" is a qualified Client service vendor who is contracted to provide Employment and
Day Program services.
x. "Subcontracto/' is the service provider contracted by the County to provide services.
Purpose: This Program Agreement is entered into between DDA and the County in accordance with
chapter 71A.14 RCW. lts purpose is to advance the state legislative policy to provide a coordinated
and comprehensive state and local program of services for persons with developmental disabilities.
Client Eligibility: Client eligibility and service referral are the responsibility of DDA under chapter 388-
823 WAC (Eligibility) and chapter 388-825 WAC (Service Rules). Only persons referred by DDA shall
be eligible for direct Client services under this Program Agreement. lt is DDA's responsibility to
3.
authorization are not reimbursable under this Program Agreement.
4. Gredentials and Minimum Requiremente:
a. Administration of the developmental disabilities County program cannot be subcontracted.
b. Qualified DD Program Coordinator: A qualified DD program coordinator has a minimum of five
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services to a community. For a county where the coordinator administers more than one program
area (e.9. Chemical Dependency, Mental Health, Developmental Disabilities), training and
experience in administration and/or a related Human or Social service may be considered.
c, Administration Responsibility: The County must demonstrate the ability to administer the program
agreement including contract oversight and monitoring, community outreach and education
activities, and regular communication with the DDA region and contracted providers,
DSHS Central Contract Services
1 769CS County Agreement 06-08-2021
Page 4
d,
Special Terms and Conditions
Fiscal Responsibility: The County must demonstrate the ability to safeguard public funds including
maintaining books, records, documents and other materials relevant to the provision of goods and
services.
e. Sufficient Policies and Procedures for establishment and maintenance of adequate internal control
systems: The County will maintain written policy procedural manuals for information systems,
personnel, and accounting/finance in sufficient detail such that operations can continue should
staffing change or absences occur,
f. Background/Criminal History Check:A background/criminal history clearance is required every
three years for all employees (including DD program County staff), subcontractors, and/or
volunteers who may have unsupervised access to vulnerable DSHS Clients, in accordance with
RCW 43.43.830-845, RCW 74.15.030, and chapter 388 WAC. lf the entity reviewing the application
elects to hire or retain an individual after receiving notice that the applicant has a conviction for an
offense that would disqualify the applicant from having unsupervised access to vulnerable adults as
defined in chapter 74.34 RCW, then DDA shall deny payment for any subsequent services
rendered by the disqualified individual provider. The DSHS Background Check Centrat Unit (BCCU)
must be utilized to obtain background clearance.
g. Qualified Advisory Board Members: A Developmental Disabilities advisory board shall include
members knowledgeable about developmental disabilities. No board member shall have a contract
with the County to provide Training, Gommunity lnformation Activities, and Consumer Support as
defined in this Program Agreement, and shall not be a board member, officer, or employee of an
agency subcontracting with the Gounty to provide such services.
h. Qualified Service Providers: The County assures that all service providers meet qualifications as
outlined in the DDA Policy 6^13, Program Provider euatifications.
i. Home and Community Based Waiver Services Assignment of Medicaid Billing Rights: The County
assures that each subcontractor has agreed to assign to DDA its Medicaid billing rights for services
to DDA Clients eligible under Title XIX programs in this Program Agreement. Written documentation
shall be available to DSHS on request.
j. Reporting Abuse and Neglect: The County staff and its subcontractors who are mandated reporters
under RCW 74.34.020(13) must comply with reporting requirements described in RCW 7434.A95,
.040 and chapter 26.44 RCW, lf the County is notified by DSHS (hat a subcontractor staff member
is cited or on the registry for a substantiated finding, then that associated staff will be prohibited
from providing services under this Program Agreement.
k. Counties who provide Child Development Services (birth to three early intervention services), must
provide those services under the regulations implementing the lndividuals with Disabilities
Education Act (IDEA), Part C, and Washington State's Early Support for lnfant and Toddler
Federally Approved Plan.
l. The County staff who perform evaluations of subcontractor work sites will promptly report to DSHS
per DDA Policy 5.13, Protection from Abuse: Mandatory Reporting, if
(1) They have reasonable cause to believe that abandonment, abuse, financial exploitation or
neglect (as defined in RCW 74.34.020) of a person who has a developmental.disability (as
defined in RCW71A.10.020) has occurred, and,
(2) lf they have reason to suspect that sexual or physical assault of such a person has occurred,
DSHS Central Contract Services
1 769CS County Agreement 06-08-2021
Page 5
5.
Special Terms and Conditions
they shall also immediately report to the appropriate law enforcement agency.
m. Contractors are specifically authorized to have data storage on portable devices or media in
accordance with the Data Security Requirements.
n Order of Precedence: ln the event of any inconsistency in this Program Agreement and any
attached exhibits, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence, in the following order, to:
(1) County Program Agreement;
(2) Attached Exhibits.
Duty to Disclose: Under 42 CFR 5455.104, the Administration must obtain certain disclosures and
complete required screenings to ensure the State does not pay federalfunds to excluded person or
entities. The Gounty is required to provide disclosures from managing employees, specifically the
persons in the positions of Developmental Disabilities Director and Fiscal/Budget Director, i.e, the
person who authorizes expenditures. A completed Medicaid Provider Disclosure Statement, DSHS
Form 27-094, should be submitted to the Administration to complete the required screenings.
Disclosures must be provided at contract renewal and within thirty-five (35) days whenever there is a
ahange in the staff holding these management positions [42 CFR 455.104 (cX1)1.
Statement of Work: The County shall provide the services and staff, and otherwise do all things
necessary for or incidental to the performance of work, as set forth below. Working collaboratively and
sharing information as needed for service coordination, the parties shall administer DD services within
the county as set forth below:
a. The DDA region shall:
(1) Review subcontractors and shall immediately notify the County of any concerns with the
subcontractors identified by the County;
(2) lnform and include the County in the discharge planning of individuals leaving institutions and
returning to the community who will need program funding;
(3) lnform the County of individuals who have had their waiver status changed;
6.
authorization is not issued;
(5) Authorize new service within 5 working days and will extend existing service authorization
before expiration date;
(6) lnform Clients of service changes through Planned Action Notice(s);
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Plan including notification of assessment dates;
(8) Work with the County when terminating services;
(9) Work with DDA Head Quarters and the County on Spending Plan adjustments; and
(10) Work with the County in participating in evaluation of direct service providers.
Page 6
DSHS Central Contraci Services
1 769CS County Agreement 06-08-2021
Special Terms and Conditions
b. The County shall:
(1) Work with the DDA Region when individuals are referred for services, authorized services,
and/or for support modifications;
(2) Work with the DDA Region to document planned services in the lndividual's Person Centered
Service Plan;
(3) Assist with informing the DDA Region of any potential service level changes not documented in
the individual's DD Assessment prior to any changes;
(4) Work with the DDA Region regarding service termination;
(5) Work with the DDA Head Quarters on Spending plan adjustments;
(6) lnform the DDA Region of new providers to be included on the AWA system;
(7) Notify the DDA Region of any intent to terminate a subcontractor who is serving a DDA referral;
(8) Provide a copy of each subcontractor's contract upon written request from DDA; and
(9) Notify and work with the DDA Regional Employment Specialist when performing evaluations of
direct service providers.
c, Compliance with BARS Policies: The County shall take any necessary and reasonable steps to
comply with BARS Policies.
d, The County shall comply with the following referenced documents found at DDA lnternet site
https://www.dshs.wa-oov/dda/countv-best-practices under "County Best Practices":
(1) DDA Policy 4.1 1, County Services for Working Age Adults;
(1) Chapter WAC 388-850, chapter 388-828 WAC, WAC 388-845-0001, OO3O, 0210,0215,0220,
0600-061 0, 1 030-1 040, 2100, 21 1A;
(2) Criteria for Evaluation;
(3) DDA Guidins Values:
(4) Countv Guide to Achieve DDA's Guidino Values;
(5) DDA Guidelines for Communitv Assessments within Employment and Vocational Proqra"ms; and
(6) Pisabilitv Riqhts Washinston (formerlv Washinston Protection and Advocacv System) Access
Agreement.
e. The County shall develop and submit a comprehensive plan for the County DD Services as
required by WAC 388-850-020.
Conveyance of The Estimated Number of People to be Served and Targeted Outcomes: The
County shall submit the Service lnformation Forms (SlF's) (provided by DDA at lnternet site
https://www.dshs.wa.sov/dda/countv-best-practices) to indicate the estimated number of people to
be served, targeted outcomes, and identifled goal(s) that focus on quality improvement within the
f
DSHS Central Contract Services
1 769CS County Agreement 06-08-2021
Page 7
Special Terms and Conditions
categories of Training, Community lnformation, Direct Client Services, and Other Activities within 30
days of execution of the Program Agreement. Once approved, the SIF outcomes may be modified
only by mutual agreement of the County and the DDA Region.
g Solicitation for Qualified Employment and Day Program Service Providers: Requests for
Applications (RFAs), Requests for lnformation (RFl's) and/or Requests for Proposals (RFPs),
Requests for Qualifications (RFQ's) for direct services, excluding Child Development, will be open
continuous enrollment.
h. Qualified Providers: A qualified provider must be a county or an individual or agency contracted
with a county or DDA.
TechnicalAssistance: DDA contracts with Technical Assistance providers that may be utilized by
Counties with prior written approval.
Subcontractors: The County will pass on all applicable contractual requirements that are between
DDA and the County to the subcontractor. The County shall immediately notify the DDA Region of
the County's intent to terminate a subcontractor who is serving a DDA referral. lndividuals or
agencies contracted with a county or DDA may not subcontract for Employment or Community
lnclusion services,
k. The County shall provide or contract with qualified Employment and Day Program Service
Providers for consumer support services that include the following program outcomes:
(1) Monthly Community lnclusion (Cl) service support hours will be based on the Client's Cl service
level per WAC 388-828-9310 for all Clients who began receiving Cl services July 1, 2011 and
forward.
(a) To ensure health and safety, promote positive image and relationships in the community,
increase competence and individualized skill-building, and achieve other expected benefits
of Cl, services will occur individually or in a group of no more than two (2) or three (3)
individuals with similar interests and needs.
(b) Cl services will focus on activities that are typically experienced by the general public.
Support to participate in segregated activities and/or specialized activities will not be
reimbursed.
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(d) A Client receiving Cl services may at any time choose to leave Community lnclusion to
pursue work arrd receive employrrtertt suppotl.
(2) Clients in an employment program will be supported to work towards a living wage. A living
wage is the amount needed to enable an individual to meet or exceed his/her living expenses.
Clients should be supported to average twenty (20) hours of community work per week or
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be taken into consideration, The amount of service a Client receives will be based on his/her
demonstrated need, acuity level and work history per WAC 388-828.
(3) The Client's DDA PCSP is the driver for service. The AWA CSA and updated Planned Rates
information will not exceed the Client's DDA PCSP. Service changes will not occur until the
Client has received proper notification from DDA.
DSHS Central Contract Services
1 769CS County Agreement 06-08-2021
Page 8
Special Terms and Conditions
(4) All Clients will have an lndividualized Employment or Community lnctusion plan to identify
Client's preferences. Minimum plan elements are outlined in the reference document "Criteria
for an Evaluation." A copy of the Client's individualized plan will be provided lo the Client, their
CRM, guardian and others as appropriate.
(5) Semi-annual progress reports that describe the outcomes of activities will be provided by the
provider or the County to the client, their CRM, guardian and others as appropriate. The report
will summarize the progress made towards the Client's individualized goals.
(6) All Clients will be contacted by their service provider according to Client need and at least once
per month.
(7) lf Clients in lndividual Employment or Group Supported Employment, have not obtained paid
employment at minimum wage or better within six (6) months, the County will assure the
following steps are taken:
(a) Review the progress toward employment goals;
(b) Provide evidence of consultation with the GlienUguardian; and
(c) Develop additional strategies with the ClienVguardian, county staff, employment support
staff, case manager, and others identified by the Client. Strategies may include providing
technical assistance, changing to a new provider, and/or providing additional resources a1
needed to support the individual's pursuit of employment. The additional strategies will be
documented for each Client and kept in the Client,s file(s).
(8) lf after twelve (12) months the Client remains unemployed, an additional review will be
conducted. The provider will address steps outlined in the previous six month progress report in
the next six month progress report. The Client may request to participate in Community
lnclusion activities or the Client may choose to remain in an employment program. When
requesting to participate in Cl, the Client shall communicate directly with his or her DDA Case
Manager. The DDA Case Manager is responsible for authorizing Cl services.
(9) For lndividual Employment where the service provider is also the Client's employer, long term
funding will remain available to the service provider employer for six months after the employee
DDA Client's date of hire. At the end of the six month period, if the DDA Client continues to
-
need support on the job, another service provider who is not the employer of record must
provide the support unless the County or DDA issues prior written approval for the service
provider to continue to provide long-term supports if needed. lf the County or DDA approves
the continuation of long-term supports where the service provider is also the Client's employer,
the County or DDA will regularly monitor these positions to assure fading efforts occur when
appropriate and any potential conflict of interest is addressed.
(10)lndividual Employment staff hours must be attributed to the "lndividual Employment and Billable
Activity Phase(s)".
(11) For Group Supported Employment (GSE), Clients must have paid work. The total number of
direct service staff hours provided to the group should be equal to or greater than the group's
collective amount of individual support monthly base hours. lf the direct service staff hours are
less than the collective amount, then the provider will be reimbursed only for the number of hours
staff actually provided. (a) The collective group's individual hours should be the minimum staff
hours delivered to support the group.
DSHS Central Contract Services
1 769CS County Agreement 06-08-2021
Page 9
Special Terms and Conditions
(a) A GSE client must be on-site/at work at least their base individual hours as a minimum per
month. lf a client is not on-site/at work for all of their base hours, the county should verify
that the provider delivered the collective group's individual hours to the group (what was the
number of staff hours provided to the group during the month? lf it was less than the
collective group's total the provider can only bill for the staff hours that were provided).
(b) A GSE agency may not billfor a GSE client who does not receive services during an entire
service month.
(c) A GSE agency must have a record of which staff is supporting which clients on any given
day.
(d) A GSE agency must have supportive documentation that provides clear evidence of support
helping with specific activities as identified in the client plan to move a client on their
pathway towards their employment goal(s).
(e) Running a GSE service is a part of the business operation and not billable to individuals
(contract procurement, contract maintenance, or administration functions associated with
GSE).
(f) lndividual time in the community working towards the individual employment goal, separate
from the group time, must include phase information (refer to Employment Phases and
Billable Activities - see Phases 1 - 4 for element / activity description).
(12) Employment and day services must adhere to the Home and Community Based settings
(HCBS) requirements of 42CFR 441 530(aX1), including that:
(a) The setting is integrated in the greater community and supports individuals to have full
access to the greater community;
(b) Ensures the individual receives services in the community to the same degree of access as
individuals not receiving Medicaid HCBS;
(c) The setting provides opportunities to seek employment and work in competitive integrated
settings; and
(d) The setting facilitates individual choice regarding services and supports, and who provides
l. Quality Assurance and Service Evaluation: The County shall develop and have available an
evaluation system to review serviccs, The evaluation systcm must have both a Quality Aeeurance
and a Quality lmprovement component, and both must include objective measures. The objective
measures at a minimum will include performance indicators, by acuity, that include the number of
new jobs;job loss and reasons for job loss; the percentage employed earning minimum wage or
better, and the average number of hours worked. The County's service evaluation system shall
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L.,.^,L:^L ^.,--^-1 --^.,iJ^-^ l^-^-^r,^r^ lL^+ lL^., ^^^li^,,^ t^ ha ^,,^lir;^,,,1strtvE; its UtE' iltE:Uluu uy wntut I lsuiltiill, pruvruErJ ul;llruilDUcil,it uraI ul('y tJvilr,ilrurr Lv uE vudililsLr
providers. A copy of description of such evaluation system shall be provided upon request to DDA
for review.
m. Evaluation: The County shall evaluate and review services delivered to reasonably assure
compliance and quality. The County shall conduct at least one visit to each subcontractor during the
biennium. The County shall maintain written documentation of all evaluations, recommendations
and corrective action plans for each subcontractor. Copies of such documentation will be provided
DSHS central contract services
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1 769CS County Agreement 06-08-2021
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Special Terms and Conditions
to the DDA upon request.
n. The Gounty shall work with local developmental disability advisory groups to plan for and coordinate
services.
o, The County shall participate in regularly scheduled meetings between County DD staff and DDA
staff to remain updated and current including AcHs and Regional Meetings.
p. AWA Data System: ln compliance with the AWA Training Manual, the County shall use the AWA
data system for all:
(1) Billing requests;
(2) Service provider address and phone number maintenance;
(3) Evaluation dates;
(4) Employment outcome information; and
(5) Monthly provide all data described in the Billing lnstructions and in the Employment Outcomes
lnstructions, which is hereby incorporated by reference.
q. Assure the integrity of data submitted to the State. \ffhen data is submitted and rejected due to
errors or an error is later identified, the County will correct and resubmit the data within thirty (30)
days.
Review and respond the AWA "Work List" items within 5 working days including Referrals and
pending Authorization.
Review the AWA "Ticklers" Planned Rate tab and update the planned rate within S working days
after the Planned Rate start date.
Partnership Project.
(1) A Job Foundation document will be completed per guidelines for eligible students, Eligible
students are DDA clients who were born between 9/1/00 through 8131t01, currenily attending
school and have completed an application to participate in this Value Based Payment projecl
The VBP project application will include the following minimum criteria identified- in the sample
application found at:
https:1/Wr,vw.dshsilvg.gqvFl 20Foundation%20Apptica
lion 0 407 20o/o2oo/o28002o/o29. docx
(2) Qualified providers will collaborate with School District staff to complete the Job Foundation
document and then provide a copy to the County. To be a qualified provider for the partnership
Prolect the Counties must require the provider to have a current contract with the Division of
Vocational Rehabilitation; a contract in good standing with the County and cannot be in
provisional status; a minimum of two years' experience providing lndividual Employment with
demonstrated job placement skills. lf the Job Foundation recommendation is for subminimum
wage work / group work, service provider may not continue support.
(3) County participating in the Partnership Project must have the ability to work collaborativety with
School Districts to identify DDA students in high school, collect and track information, be
t.
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7.
Special Terms and Conditions
proficient in electronic spreadsheets, and ability to evaluate if completed Job Foundation
document(s) meet quality standards.
u. Employment Outcome Payment, - Providers, with transition students born between 9/1/00 through
8t31t01, high aeuity and authorized for lndividual employment, may receive one outcome payment if
student obtains a competitive integrated job approved by the County within timeframes described in
the chart below. lf the County is also the service provider DDA will provide the job approval. lf the
job is at a minimum of ten hours of work per week an additional amount will be include in the
payment.
Consideration:
a. Fees:
(1) Approvalof fees is the responsibility of the DDA. The DDA Region reserves the rightto approve
fees/rates for the services being provided. The County will submit a feelrate schedule with the
initial Program Agreement. The County will submit updated feelrate schedules to the DDA
Regional Employment Specialist for approval as changes occur, The rate schedule will include
the following information :
(a) County(s) name;
(b) Time period for which the schedule is applicable; and
(c) Each contracted direct service (lE, GSE, Cl, lTA, CDS) and its associated rate.
(2) Fee Limitations: The DDA_HjLllnq hglruSlgrng found on the County Best Practices site provides
limitations on the Hourly Rate for each direct service. Hourly rates must be divisible by four.
b. Budget and Spending Plan, attached as Exhibit B:
(1) Budget amount listed in Exhibit B: The County may not exceed the state only revenue dollar
amount or the total revenue dollar amount indicated on the Program Budget Agreement
included in Exhibit B. The waiver revenue dollar amount may be exceeded to accommodate
Clients moving from state-only employment and day services to waiver employment and day
services.
(Z/ gpEItqlf 19 flall. IJlJAvvlll Plt,lvlurt lllli llllllAl \)PltllLllllY rlall. r ullvlllV -llcrll uE vrprrleursu urrqsr
planned expenditures as well as allocated under State and Medicaid shall function as a line item
budget for expenditures under this agreement. The planned expenditures for Consumer
Support are based on Client numbers as well as planrred additional corlsutller seryices
expenditures. The spending plan may only be modified by mutual agreement of the parties in
writing and shall not require a program agreement.
(a) Funds Designated for Additional Consumer Services: lf a County provides Community
information anci Educaiion services under additionai consumer serviees, then aeiivities rr-rust
include outreach efforts to federally recognized local tribes.
(b) Funds Designated for Adult Day Care Consumers: Funds designated for Adult Day Care
Consumers are available to Clients who were served between December 1996 and
December 2003 in Adult Day Health agencies and were subsequently determined ineligible
for Level ll or lllservices (Adult Day Health). Level ll and lll services are licensed
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Page 12
rehabiritation and,- "T::':;-:::iljff sociarization Lever I services (Adurt
Day Care) are supervised day programs where frail and disabled adults can participate in
social, educational, and recreational programs withoutthe need for skilled nursing. These
Clients may be referred to seruices defined in the statement of work, or to an Adu-1 Day Care
service other than Level ll or lll. lf a Client no longer needs and wants seryices, the funds
are available for other Clients who are not part of the group of original Clients identified
between December 1996 and 2003. An Adult Day Care service shatlonly be provided by
Adult Day Care agencies certified by the localArea Agency on Aging. Adult Day Care
service is not a waiver approved service.
c. Program Agreement Amendments: A County can request an amendment at any time. An
amendment for additional client(s) may be supported when clients exceed the number used to
develop the contract. An amendment for additional service hours authorized may be supported
when county provides evidence. An amendment request for expenditures exceeding conkact total
due to hourly rates paid to service provider may not be supported as the county is responsible to
manage contract and rates paid to their providers.
d. Exemptions: The DDA Assistant Secretary may approve in writing an exemption to a specific
program agreement requirement.
8. Billing and Payment:
a. Program Agreement Budget: DSHS shall pay the County all allowable costs, which are defined by
DDA as cost incurred by the program for:
(1) Administration: Costs of the County Human Services Department or similar county office,
responsible for administration of the Developmental Disabilities Program. Allowable costs
include personnel and overhead costs directly related to the administration and coordination of
the program, including such activities as program planning, budgeting, contracting, monitoring,
and evaluation. Also included are departmental and county indirect and/or direct administrative
costs, to the extent that such costs are appropriately allocated to the program using an
established methodology consistent with grants management guidelines. For a County whose
designated coordinator manages multiple programs, the County must be able to provide
evidence of the time the coordinator spent working on the Developmental Disabilities program.
(2) Additional Consumer Services:
(a) Training:
i. Staff Training: Costs incurred by the program for planned, structured activities for the
purpose of providing, or improving, or enhancing job-related knowledge and skills of
staff, providers, volunteers, or interning students in the provision of developmental
disabilities services.
ii. Board Training: Costs incurred by the program for planned, structured activities
designed to provide, improve, or enhance program-related skills of board and advisory
committee members.
(b) Community lnformation and Education: to inform and/or educate the general public about
developmental disabilities and related services. These may include information and referral
services; activities aimed at promoting public awareness and involvement; and community
consultation, capacity building and organization activities.
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Special Terms and Conditions
(c) Other Activities.
lnfrastructure projects: Projects in support of Clients (services not easily tracked back to
a specific working age Client) or that directly benefit a Client(s) but the Client is not of
working age. Examples include planning services like benefits planning and generic job
development e.g. "Project Search."
ii. Start-up projects: Projects that support an agency or directly benefit the agency.
Examples include equipment purchases and agency administrative support.
iii. Partnership project: Collaborative partnerships with school districts, employment
providers, DVR, families, employers and other community collaborators needed to
provide the employment supports and services young adults with developmental
disabilities require to become employed during the school year they turn twenty-one
(21). Supports provided should complement and not replace what the student(s) receive
through the lndividualized Education Program (lEP).
(3) Consumer Support.
(a) Adult Day Care services are available to Clients who were served between December 1996
and December 2003 in Adult Day Health agencies and were subsequently determined
ineligible for Level ll or lll services (Adult Day Health). Level ll and lll services are licensed
rehabilitation and skilled nursing services along with socialization. Level I services (Adult
Day Care) are supervised day programs where frail and disabled adults can participate in
social, educational, and recreational programs without the need for skilled nursing.
(b) Community lnclusion services are individualized services provided in typical integrated
community settings for individuals in retirement. Services will promote individualized skill
development, independent living and community integration for persons to learn how to
actively and independently engage in their local community. Activities will provide
opportunities to develop relationships and to learn, practice and apply skills that result in
greater independence and community inclusion (per the Community lnclusion Billable
Activities). These services may be authorized instead of employment support (lndividual
Employment or Group Supported Employment) for working age individuals who have
received nine (9) months of employment support.
(c) Child Development Services are designed to meet the developmental needs of each eligible
cnllq ano Ine neeos oT Ine lamily retalea to ennancrng rns (;furs l' qgver(JPfirel[. oritvrutru
may include specialized instruction, speech-language pathology, occupationaltherapy,
physicaltherapy, assistive technology, and vision services. Services are provided in natural
environments to the maximum extent appropriate.
(d) lndividual Supported Employment services are a part of an individual's pathway to
employment and are tailored to individual needs, interests, and abilities to promote career
development. These are individualized services necessary to help persons with
developmentai disabiiities obtain anci continue integraied empioyment ai or above the
state's minimum wage in the generalworkforce. These services may include intake,
discovery, assessment, job preparation, job marketing, job supports, record keeping and
support to maintain a job (per the lndividqal EmploYmeFt Phapes & Billablg-Activitie€)
(e) lndividualized Technical Assistance services are a part of an individual's pathway to
employment. This service provides assessment and consultation to the employment
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Page 14
Special Terms and Conditions
provider to identify and address existing barriers to employment. This is in addition to
supports received through supported employment services for individuals who have not yet
achieved their employment goal.
(f) Group Supported Employment services are a part of an individual's pathway to integrated
jobs in typical community employment. These services are intended to be short term and
offer ongoing supervised employment for groups of no more than eight (S) workers with
disabilities in the same setting. The service outcome is sustained paid employment leading
to further career development in integrated employment at or above minimum wage.
Examples include enclaves, mobile crews, and other business models employing small
groups of workers with disabilities in integrated employment community settings.
b. Reimbursement for the state Fiscal Year shall not exceed the total amount listed in Exhibit B to this
Program Agreement. However, with a Program Agreement amendment, the parties may increase
or decrease the Program Agreement amount. Counties willwork with DDA HQ on amendments to
the Program Agreement.
c. Monthly lnvoice with Signed Documentation: All requests for reimbursement amounts must be
entered and posted into the AWA system. The Contractor may post a combined claim of all
programs/services covered by this Program Agreement. DSHS shall make all payments due to the
Contractor for all invoices submitted pursuant to this section within sixty (60) days following posting
of required information.
d. Clients will be assisted in accessing DVR services per the DDA/DVR MOU. Client services shall not
be reimbursed under this Program Agreement when the same services are paid for under the
Rehabilitation Act of 1973 by DVR, Public Law 94-142 or any other source of public or private
funding.
e. Reimbursement of Client Services: A claim for each individual is made on the AWA system by
indicating the number of service units delivered to each individual listed and the fee per unit, Units
are defined as.
(1) An "Houd' is at least fifty (50) minutes of direct service. Partial hour to the quarter may be
recorded,
(2) A "Day" is at least four (4) hours of direct service and will only be used in connection with Adult
Day Care reimbursement.
(3) A "Month" represents a minimum of at least fifty (50) minutes of direct service for CDS
reimbursement.
f. Program Administration: The County will provide program administration and coordination including
such activities as planning, budgeting, contracting, monitoring, evaluation and may billfor
administrative costs as identified in Exhibit B. Administrative costs reimbursement will not exceed
7o/o of lhe total combined allocation for Consumer Support and Other Consumer Support services
unless the Assistant Secretary of DDA approves a request for an exception under chapter 388-850
WAC. Monthly cldims for administrative costs will be 1112 of the maximum Administration amount
identified in Exhibit B, or the lessor of the two.
g. The lndividual Employment Phases & Billable Activities document defines the individual Client
services that DDA reimburses. That document is located on the DSHS DDA County Best Practices
Web site at httQs://.wlryw-dshs.wasov/dda/cou,illy-bes1:praqtic_es.
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9.
10.
11
Special Terms and Conditions
h. The Community lnclusion Billable Activities document defines the individual Client services
DDA reimburses. That document is located on the DSHS DDA County Best Practices Web site at
https ://www. dshs. wa, gov/dda/cou ntv-best:practi ceq.
Timeliness of and Modification to Billings: All initial invoiees with signed doeumentation must be
received by the DDA Region within sixty (60) calendar days following the last day of the month in
which the service is provided. Corrected invoices and documentation including re-posted billing
information will be accepted throughout the fiscal year as long as they are received within sixty (60)
calendar days of the associated fiscal year unless an extension is approved by the DDA Regional
Administrator or designee. Payment will not be made on any invoice submitted past sixty (60)
calendar days after the Program Agreement fiscal year.
Recovery of Fees: lf the County bills and is paid fees for services that DSHS later finds were (a) not
delivered or (b) not delivered in accordance with Program Agreement standards, DSHS shall
recover the fees for those services and the County shall fully cooperate during the recovery.
k. PASRR Administration: The County may billfor administration costs as identified in Exhibit B.
Monthly claims for administration cost will be based on the actual PASRR expenditures multiplied
by 7o/o.
l. Reimbursement for Partnership project: A claim of $2,400 per student for each completed Job
Foundation document that is at a satisfactory or above rating will be requested through the AWA
system as other monthly cost.
m. Job Foundation report line item 95 and 96 as identified in the ADSA Web Access (AWA) billing
system. King, Snohomish and Pierce Counties will use line item 95, all other participating Counties
will use line item 96 (OSPI). A copy of the completed Job Foundation document will be sent
electronically to the shared mailbox located at: DDAJobFoundationReports@dshs.wa.qov
n. .lob placement verification for transition students: The AWA Employment Output for lndividual
Employment will be completed and submitted with payment request to verify employer, job start
date, job type, etc.
o. Job Foundation Administration: The County may billfor administration costs as identified in Exhibit
B. Monthly claims for administration cost will be based on the actual expenditures multiplied by 7o/o
King, Snohomish and Pierce Counties will use line item 13, all other participating Counties will use
line item 14 (OSPI).
lntermediate Gare Facilities for lntellectual Disabilities (lGF/lD) Agreement. lf applicable per 42
CFR 483.410, the County shall assure that all county-operated or subcontracted programs serving
persons living in ICF/lD facilities develop a plan and coordinate their services with the tacrlrty on behalf
of the ICF/ID resident. DDA will supply to the County a list of ICF/ID residents who attend a day
program.
Single State Medicaid Agency-Health Gare Authority (HCA): HCA, as the single state Medicaid
Agency, hasadministrativeauthorityforTitleXlXcoverageper42CFR43l.l0. DSHSistheoperating
agency for the Home and Community Based Waivers for services for people with developmental
disabilities. The County only has responsibility for services covered in this agreement.
DSHS/DRW Access Agreement: The DRW February 27 ,2001 Access Agreement with DDA is
incorporated by reference. The County assures that it and its subcontractors have reviewed the
Access Agreement. The agreement covers DRWs access to individuals with developmental
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Page 16
Special Terms and Conditions
disabilities, Clients, programs and records, outreach activities, authority to investigate allegations of
abuse and neglect, and other miscellaneous matters and is binding for all providers of DDA contracted
services.
12. confidential lnformation. All counties and their subcontractors must:
a. Ensure the security of Confidential lnformation, and
b. When transporting client records containing Confidential lnformation outside a Secure Area, one or
more of the following as appropriate:
(1) Using a Trusted Network; or
(2) Encrypting the Confidential lnformation, inctuding:
(a) Email and/or email attachments
(b) Confidential lnformation when it is stored on portable devices or media including but not
limited to laptop computers and flash memory devices.
13. Data Security Requirements. Exhibit A shall only apply to the County if the County possesses 150 or
more DSHS records across all programs or services throughout their organization, or transmits more
than 5 records at one time.
14. Supersession of Prior Data Security Agreement. lf the Parties hereto have previously entered into a
Standalone Data Security Requirements Agreement, both Parties hereby agree that upon mutual
execution said Agreement shall take precedence as the sole Data security Agreement between the
Parties.
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Special Terms and Conditions
Exhibit A - Data Security Requirements
1 Definitions. The words and phrases listed below, as used in this Exhibit, shall each have the following
definitions:
a. "AES' means the Advanced Encryption Standard, a specification of Federal lnformation Processing
Standards Publications for the encryption of electronic data issued by the National lnstitute of
Standards and Technology (http://nvlpubs.nist.gov/nistpubs/FIPS/NlST.FlPS.197.pdfl.
b, "Authorized Users(s)" means an individual or individuals with a business need to access DSHS
Confidential lnformation, and who has or have been authorized to do so.
"Category 4 Data" is data that is confidential and requires special handling due to statutes or
regulations that require especially strict protection of the data and from which especially serious
consequences may arise in the event of any compromise of such data. For purposes of this
contract, data classified as Category 4 refers to data protected by: the Health lnsurance Portability
and Accountability Act (HIPAA).
d. "Cloud" means data storage on servers hosted by an entity other than the Contractor and on a
network outside the control of the Contractor. Physical storage of data in the cloud typically spans
multiple servers and often multiple locations. Cloud storage can be divided between consumer
grade storage for personal files and enterprise grade for companies and governmental entities.
Examples of consumer grade storage would include iCloud, Dropbox, Box.com, and many other
entities, Enterprise cloud vendors include Microsoft Azure, Amazon Web Services, 0365, and
Rackspace.
e "Encrypt" means to encode Confidential lnformation into a format that can only be read by those
possessing a "key", a password, digital certificate or other mechanism available only to authorized
users. Encryption must use a key length of at least 128 bits (256 preferred) for symmetric keys, or
2048 bits for asymmetric keys. When a symmetric key is used, the Advanced Encryption Standard
(AES) must be used if available.
f. "Hardened Password" means a string of at least eight characters containing at least three of the
following four character classes: Uppercase alphabetic, lowercase alphabetic, numeral, and special
characters such as an asterisk, ampersand, or exclamation point.
g. "Mobile Device" means a computing device, typically smaller than a notebook, which runs a mobile
opgraung system, sucn as tub, /\nqroto, or vvtnoows Fnone. tvtooile uevtces rncruae sman pnones,
most tablets, and other form factors.
h. "Multi-factor Authentication" means controlling access to computers and other lT resources by
requiring two or more pieces of evidence that the user is who they claim to be. These pieces of
evidence consist of something the user knows, such as a password or PIN; something the user has
such as a key card, smart card, or physicaltoken; and something the user is, a biometric identifier
such as a fingerprint, facial scan, or retinal scan. "PlN" means a personal identification number, a
series of numbers which act as a password for a device. Since PiNs are typicaiiy oniy fbur to six
characters, PlNs are usually used in conjunction with another factor of authentication, such as a
fingerprint.
"Portable Device" means any computing device with a smallform factor, designed to be transported
from place to place. Portable devices are primarily battery powered devices with base computing
resources in the form of a processor, memory, storage, and network access. Examples include, but
Page 18
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3
2.
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Special Terms and Conditions
are not limited to, mobile phones, tablets, and laptops. Mobile Device is a subset of Portable
Device.
j. "Portable Media" means any machine readable media that may routinely be stored or moved
independently of computing devices, Examples include magnetic tapes, optical discs (CDs or
DVDs), flash memory (thumb drive) devices, external hard drives, and internal hard drives that have
been removed from a computing device.
k. "Secure Area" means an area to which only aulhorized representatives of the entity possessing the
Confidential lnformation have access, and access is controlled through use of a key, card key,
combination lock, or comparable mechanism. Secure Areas may include buildings, rooms or
locked storage containers (such as a filing cabinet or desk drawer) within a room, as long as access
to the Confidential lnformation is not available to unauthorized personnel. ln otherwise Secure
Areas, such as an office with restricted access, the Data must be secured in such a way as to
prevent access by non-authorized staff such as janitorial or facility security staff, when authorized
Contractor staff are not present to ensure that non-authorized staff cannot access it.
l, "Trusted Network" means a network operated and maintained by the Contractor, which includes
security controls sufficient to protect DSHS Data on that network. Controls would include a firewall
between any other networks, access control lists on networking devices such as routers and
switches, and other such mechanisms which protect the confidentiality, integrity, and availability of
the Data.
m. "Unique User lD" means a string of characters that identifies a specific user and which, in
conjunction with a password, passphrase or other mechanism, authenticates a user to an
information system,
Authority. The security requirements described in this document reflect the applicable requirements of
Standard 141.10 (https://ocio.wa.qov/policies) of the Office of the Chief lnformation Officer for the state
of Washington, and of the DSHS lnformation Security Policy and Standards Manual. Reference
material related to these requirements can be found here: https://www.dshs.wa.qov/ffalkeepinq-dshs-
qllent-iffgrmation-private-and-secure, which is a site developed by the DSFIS lrformation Security
Office and hosted by DSHS Central Contracts and Legal Services.
Administrative Controls. The Contractor must have the following controls in place:
a. A documented security policy governing the secure use of its computer network and systems, and
which defines sanctions that,may be applied to Contractor staff for violating that policy.
b. lf the Data shared under this agreement is classified as Category 4 data, the Contractor must be
aware of and compliant with the applicable legal or regulatory requirements for that Category 4
Data.
c.lf Confidential lnformation shared under this agreement is classified as Category 4 data, the
Contractor must have a documented risk assessment for the system(s) housing the Category 4
Data.
Authorization, Authentication, and Access. ln order to ensure that access to the Data is limited to
authorized staff, the Contractor must:
4.
Page 19
Special Terms and Gonditions
a. Have documented policies and procedures governing access to systems with the shared Data
b. Restrict access through administrative, physical, and technical controls to authorized staff,
c, Ensure that user accounts are unique and that any given user account logon lD and password
combination is known only to the one employee to whom that account is assigned. For purposes of
non-repudiation, it must always be possible to determine which employee performed a given action
on a system housing the Data based solely on the logon lD used to perform the action
d. Ensure that only authorized users are capable of accessing the Data.
e. Ensure that an employee's access to the Data is removed immediately:
(1) Upon suspected compromise of the user credentials.
(2) When their employment, or the contract under which the Data is made available to them, is
terminated.
(3) When they no longer need access to the Data to fulfill the requirements of the contract.
f. Have a process to periodically review and verify that only authorized users have access to systems
containing DSHS Confidential lnformation
g. When accessing the Data from within the Contractor's network (the Data stays within the
Contractor's network at alltimes), enforce password and logon requirements for users within the
Contractor's network, including:
(1) A minimum length of 8 characters, and containing at least three of the following character
classes: uppercase letters, lowercase letters, numerals, and special characters such as an
asterisk, ampersand, or exclamation point.
(2) That a password does not contain a user's name, logon lD, or any form of their full name.
(3) That a password does not consist of a single dictionary word. A password may be formed as a
passphrase which consists of multiple dictionary words.
(4) That passwords are significantly different from the previous four passwords. Passwords that
h. When accessing Confidential lnformation from an external location (the Data will traverse the
lnternct or othcrwise travel outside the Contractor's network), mitigate risk and enforce password
and logon requirements for users by employing measures including:
(1) Ensuring mitigations applied to the system don't allow end-user modification.
/1\ hla{ allarerinn lha r rca af dial-r rn aannanlinnc\4./ r rvl qrrvrvrr rv u rv vsv vr vrsr uH vvr
(3) Using industry standard protocols and solutions for remote access. Examples would include
RADIUS and Citrix.
(4) Encrypting all remote access traffic from the external workstation to Trusted Network or to a
component within the Trusted Network. The traffic must be encrypted at all times while
traversing any network, including the lnternet, which is not a Trusted Network.
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L
Special Terms and Gonditions
(5) Ensuring that the remote access system prompts for re-authentication or performs automated
session termination after no more than 30 minutes of inactivity.
(6) Ensuring use of Multi-factor Authentication to connect from the external end point to the internal
end point.
Passwords or PIN codes may meet a lesser standard if used in conjunction with another
authentication mechanism, such as a biometric (fingerprint, face recognition, iris scan) ortoken
(software, hardware, smart card, etc.) in that case:
(1) The PIN or password must be at least 5 letters or numbers when used in conjunction with at
least one other authentication factor
(2) Must not be comprised of all the same letter or number (11111,22222, aaaaa, would not be
acceptable)
(3) Must not contain a "run" of three or more consecutive numbers (12398, 98743 would not be
acceptable)
j, lf the contract specifically allows for the storage of Confidential lnformation on a Mobile Device,
passcodes used on the device must:
(1) Be a minimum of six alphanumeric characters.
(2) Contain at least three unique character classes (upper case, lower case, letter, number).
(3) Not contain more than a three consecutive character run. Passcodes consisting of 12345, or
abcd12 would not be acceptable.
k. Render the device unusable after a maximum of 10 failed logon attempts.
Protection of Data. The Contractor agrees to store Data on one or more of the following media and
protect the Data as described:
a Hard disk drives. For Data stored on local workstation hard disks, access to the Data will be
restricted to Authorized Use(s) by requiring logon to the local workstation using a Unique User lD
and Hardened Password or other authentication mechanisms, which provide equal or greater
security, such as biometrics or smart cards.
b.Network server disks. For Data stored on hard disks mounted on network servers and made
available through shared folders, access to the Data will be restricted to Authorized Users through
the use of access control lists which will grant access only after the Authorized User has
authenticated to the network using a Unique User lD and Hardened Password or other
authentication mechanisms which provide equal or greater security, such as biometrics or smart
cards. Data on disks mounted to such servers must be located in an area, which is accessible only
to authorized personnel, with access controlled through use of a key, card key, combination lock, or
comparable mechanism.
For DSHS Confidential lnformation stored on these disks, deleting unneeded Data is sufficient as
long as the disks remain in a Secure Area and otherwise meet the requirements listed in the above
paragraph. Destruction of the Data, as outlined below in Section 8 Data Disposition, may be
deferred until the disks are retired, replaced, or otherwise taken out of the Secure Area.
5.
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1 769CS County Agreement 06-08-2021
Page 21
Special Terms and Conditions
c, Optical discs (CDs or DVDs) in localworkstation optical disc drives. Data provided by DSHS
on optical discs which will be used in localworkstation optical disc drives and which will not be
transported out of a Secure Area. When not in use for the contracted purpose, such discs must be
Stored in a Secure Area. Workstations which access DSHS Data on optical discs must be located
in an area which is accessible only to authorized personnel, with access controlled through use of a
key, card key, combination lock, or comparable mechanism
d. Opticaldiscs (CDs or DVDs) in drives or jukeboxes attached to servers. Data provided by
DSHS on optical discs which will be attached to network servers and which will not be transpofted
out of a Secure Area. Access to Data on these discs will be restricted to Authorized Users through
the use of access control lists which will grant access only after the Authorized User has
authenticated to the network using a Unique User lD and Hardened Password or other
authentication mechanisms which provide equal or greater security, such as biometrics or smart
cards. Data on discs attached to such servers must be located in an area, which is accessible only
to authorized personnel, with access controlled through use of a key, card key, combination lock, or
comparable mechanism.
e. Paper documents. Any paper records must be protected by storing the records in a Secure Area,
which is only accessible to authorized personnel. When not in use, such records must be stored in
a Secure Area.,
f. Remote Access. Access to and use of the Data over the State Governmental Network (SGN) or
Secure Access Washington (SAW will be controlled by DSHS staff who will issue authentication
credentials (e.g. a Unique User lD and Hardened Password)to Authorized Users on Contractor's
staff. Contractor will notify DSHS staff immediately whenever an Authorized User in possession of
such credentials is terminated or otherwise leaves the employ of the Contractor, and whenever an
Authorized User's duties change such that the Authorized User no longer requires access to
perform work for thig Contract.
g Data storage on portable devices or rnedia.
(1) Except where otherwise specified herein, DSHS Data shall not be stored by the Gontractor on
portable devices or media unless specifically authorized within the terms and conditions of the
Contract, lf so authorized, the Data shall be given the following protections::
(a) Encrypt the Data
(D) UOnrOl access Io oevtces wtln a untque LJser ru anu FrarueltEu raDswuru ur 5UL,ilgvr
authentication method such as a physicaltoken or biometrics.
(c) Manually lock devlces whenever they are left unattended and set devices t<l krck
automatically after a period of inactivity, if this feature is available. Maximum period of
inactivity is 20 minutes.
(d) Apply administrative and physical security controls to Portable Devices and Portable Media
by:
i. Keeping them in a Secure Area when not in use,
ii. Using check-in/check-out procedures when they are shared, and
iii. Taking frequent inventories.
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1 769CS County Agreement 06-08-2021
Page 22
h
Special Terms and Conditions
(2) When being transported outside of a Secure Area, Portable Devices and Portable Media with
DSHS Confidential lnformation must be under the physical control of Contractor statf with
authorization to access the Data, even if the Data is encrypted.
Data stored for backup purposes.
(1) DSHS Confidential lnformation may be stored on Portable Media as part of a Contractor's
existing, documented backup process for business continuity or disaster recovery purposes.
Such storage is authorized until such time as that media would be reused during the course of
normal backup operations. lf backup media is retired while DSHS Confidential lnformation still
exists upon it, such media will be destroyed at that time in accordance with the disposition
requirements below in Section 8 Data Disposition,
(2) Data may be stored on non-portable media (e.g. Storage Area Network drives, virtual media,
etc.) as part of a Contractor's existing, documented backup process for business continuity or
disaster recovery purposes. lf so, such media will be protected as otherwise described in inis
exhibit. lf this media is retired while DSHS Confidential lnformation stillexists upon it, the data
will be destroyed at that time in accordance with the disposition requirements below in Section I
Data Disposition
Gloud storage. DSHS Confidential lnformation requires protections equal to or greater than those
specified elsewhere within this exhibit. Cloud storage of Data is problematic as neither DSHS nor
the Contractor has control of the environment in which the Data is stored. For this reason:
(1) DSHS Data will not be stored in any consumer grade Cloud solution, unless all of the following
conditions are met:
(a) Contractor has written procedures in place governing use of the Cloud storage and
Contractor attest to the contact listed in the contract and keep a copy of that attestation for
your records in writing that all such procedures will be uniformly followed.
(b)The Data will be Encrypted while within the Contractor network.
(c) The Data will remain Encrypted during transmission to the Cloud.
(d) The Data will remain Encrypted at all times while residing within the Cloud storage solution.
(e) The Contractor will possess a decryption key for the Data, and the decryption key will be
possessed only by the Contractor.
1fl The Data will not be downloaded to non-authorized systems, meaning systems that are not
on the contractor network
(g) The Data will not be decrypted until downloaded onto a computer within the control of an
Authorized user and within either the DSHS or contractor's network.
(2) Data will not be stored on an Enterprise Cloud storage solution unless either:
(a) The Cloud storage provider is treated as any other Sub-Contractor, and agrees in writing to
all of the requirements within this exhibit; or,
(b) The Cloud storage solution used is HIPAA compliant.
L
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1 769CS County Agreement 06-08-2021
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6
Special Terms and Gonditions
(3) lf the Data includes protected health information covered by the Health lnsurance Portability and
Accountability Act (HIPAA), the Cloud provider must sign a Business Associate Agreement prior
to Data being stored in their Cloud solution.
System Protection. To prevent compromise of systems which contain DSHS Data or through which
that Data passes:
a. Systems containing DSHS Data must have all security patches or hotfixes applied within 3 months
of being made available.
b. The Contractor will have a method of ensuring that the requisite patches and hotfixes have been
applied within the required timeframes.
c. Systems containing DSHS Data shall have an Anti-Malware application, if available, installed.
d. Anti-Malware software shall be kept up to date. The product, its anti-virus engine, and any malware
database the system uses, will be no more than one update behind current.
7. Data Segregation.
a. DSHS category 4 data must be segregated or otherwise distinguishable from non-DSHS data. This
is to ensure that when no longer needed by the Contractor, all DSHS Data can be identified for
return or destruction. lt also aids in determining whether DSHS Data has or may have been
compromised in the event of a security breach. As such, one or more of the following methods will
be used for data segregation
(1) DSHS Data will be kept on media (e.9. hard disk, optical disc, tape, etc.)which will contain no
non-DSHS Data.
(2) DSHS Data will be stored in a logical container on electronic media, such as a partition or folder
dedicated to DSHS Data.
(3) DSHS Data will be stored in a database which will contain no non-DSHS data. And/or,
(4) DSHS Data will be stored within a database and will be distinguishable from non-DSHS data by
the value of a specific field or fields within database records.
8.
DSHS Central Contract Services
1 769CS County Agreement 06-08-2021
DSHS data in a drawer, folder, or other container.
b. When it is not feasible or practical to segregate DSHS Data from non-DSHS data, then both the
DSHS Data and the non-DSHS data with which it is commingled must be protected as described in
this exhibit.
Data Disposition. When the contracted work has been completed or when the Data is no longer
-^^l^,J a-^anl ^6 ^^+^'.t aharra in Qanlian tr h I'\ala chall ha rafu rrnar{ +n F)QIJQ, nr r{acf rnrrad l\/lar{iq nn
which Data may be stored and associated acceptable methods of destruction are as follows:
Data stored on:Will be destroyed by:
Server or workstation hard disks, or Using a "wipe" utility which will overwrite the Data at
least three (3) times using either random or single
character data, or
Page 24
Removable media (e.9. floppies, USB flash drives,
portable hard disks) excluding optical discs Degaussing sufficiently to ensure that the Data
cannot be reconstructed, or
Physically destroying the disk
Paper documents with sensitive or Confidential
lnformation
Recycling through a contracted firm, provided the
contract with the recycler assures that the
confidentia lity of Data will be protected
Paper documents contai ning Confidential lnformation
requiring special handling (e.9. protected health
informatio
On-site shredding, pulping, or incineration
Optical discs (e.9. CDs or DVDs)lncineration, shredd ing, or completely defacing the
readable sudace with a coarse abrasive
M Degaussinq, incine rating or crosscut shredding
9.
10"
Special Terms and Conditions
Notification of Gompromise or Potential Compromise. The compromise or potential compromise of
DSHS shared Data must be reported to the DSHS Contact designated in the Contract within bne (1)
business day of discovery. lf no DSHS Contact is designated inthe Contract, then the notiflcation must
be reported to the DSHS Privacy Officer at dshsprivacyofficer@dshs.wa.gov. Contractor must also
take actions to mitigate the risk of loss and comply with any notification oi other requirements imposed
by law or DSHS.
Data shared with Subcontractors. lf DSHS Data provided under this Contract is to be shared with a
subcontractor, the Contract with the subcontractor must include all of the data security provisions within
this Contract and within any amendments, attachments, or exhibits within this Contract. lf the
Contractor cannot protect the Data as articulated within this Contract, then the contract with the sub-
Contractor must be submitted to the DSHS Contact specified for this contract for review and approval.
DSHS Central Contract Services
1 769CS Gounty Agreement 06-08-2021
Page 25
X Original Budget
Exhibit B
Program Agreement Budget
Budget Revislon
REVENUES
FiscalYear Fund Source Oriqinal '1st Revision 2nd Revision 3rd Revision
2022 State Funds 316.726
Medicaid Funds 313,916
Total Rev $630.642 $$$
FiscalYear Fund Source Oriqinal 1st Revision 2nd Revision 3'd Revision
2023 State Funds
Medicaid Funds
Total Rev $$$$
Job
Foundation
Funds
PASRR Funds
State Funds
Medicaid
Funds TOTAL
336 22494 18405 41.235
ADMINISTRATION
(CMIS/AWA BARS 11)
OTHER CONSUMER
SUPPORTS
J9Y':'lyi::9: 31,
DSHS Central Contract Services
1 769CS County Agreement 06-08-2021
?t,lnnQ 4-reE 1 ?Q ttro
CONSUMER
SUPPORT
STATE.ONLY
Child DeveloDment
MEDICAID CLIENTS 4800 273024 273024 550,848
Elar A na! a^nvh99 tv
COMMUNITY LIVING
TOTAL 5,136 316,726 308,780 630,642
Page 26