Texas Health and Human Services Commission (HHSC )

Texas Health and Human Services Commission (HHSC) Study of Texas Boarding Houses House Bill 1168, 80th Legislature, Regular Session, 2007 Request for Proposals # 529-08-0127 Vendor Conference -- December 13, 2007

Welcome • Introductions • Steve R. Bailey, Manager Contract Administration, Enterprise Contract and Procurement Services (ECPS) • Sherice Williams-Patty, HHSC HUB Administrator, Administrative Services Development (ASD) • Todd Boerger, Department of Aging and Disability Services (DADS) Clare Seagraves, Contract Manager • David Brown, Assistant General Counsel • Housekeeping Items

HHSC Procurement Roles • ECPS- Responsible for procurement activity • HUB- Responsible for HUB activity • Program- Responsible for project scope, requirements, performance, results, contract management/monitoring • Legal- Questions/answers and legal activity

Vendor Conference Overview Procurement Activities HUB Items RFP Overview Questions Submittal Break Preliminary Responses to Questions Closing Comments

Procurement Activities • Questions & Answers • Sole Contact, Elizabeth Ward, ECPS • Procurement Schedule • Solicitation Access • Submission Requirements • Solicitation Changes • Screening & Evaluation • Award Information

HUB Subcontracting Plan(HSP) Requirements

AgendaTopics • RFP Section 4.0 Historically Underutilized Business Participation Requirements • HUB Subcontracting Plan • Self Performance HSP • HSP Prime Contractor Progress Assessment Report

RFP Section 4.0 - Historically Underutilized Business Participation Requirements • HUB Participation Goals • Potential Subcontracting Opportunities • Vendor Intends to Subcontract • Minority or Women Trade Organizations • Self Performance • HSP Changes After Contract Award • Reporting and Compliance with the HSP

HSP Information Page HUB GOALS Company Information Self Performance Declaration If more than 20, provide attached list

One page for each area subcontracted (listed on page 1) List Line # and Subcontracting Opportunity HSP Information Page

HSP Information Page Protégé performing the work Skip to Sections 8 and 10

HSP Information Page Professional Services Category Good Faith Efforts to find Texas Certified HUB Vendors Contact HUB Trade Organization Written Notification Requirements

HSP Information Page List 3 HUBs Contacted for this Subcontracting Opportunity

HSP Information Page List Subs to be used (HUBs & Non-HUBs) for this Subcontracting Opportunity

HSP Information Page Reason why HUB was not selected for this Subcontracting Opportunity

HSP Information Page Self Performance Explanation Signature Affirms that True and Correct Information is Provided

HSP Prime Contractor Progress Assessment Report ATTACHMENT “E” • Required with ALL Pay Requests • List ALL Sub payments (HUBs & Non- HUBs) • Required even if not subcontracting

HSP ASSISTANCE FROM CPA HUB Subcontracting Plan (HSP) Forms Step-by-step instructions and an audio on “How to Complete an HSP ” is located on the Comptroller of Public Accountants (CPA’s) website at: http://www.cpa.state.tx.us/procurement/prog/hub/hub-forms/hsp_project.wmv How to Complete an HSP Play Windows Media Version (7.7 mb download) Play Macromedia Flash version (10.8 mb download) Read Video Transcript (.rtf file) (160k download) Play QuickTime (mp4) version (24 MB download)

Administrative Services Development HUB Program Office • Sherice Williams-Patty, HUB Administrator Administrative Services Development - (512) 424-6903 - sherice.williams-patty@hhsc.state.tx.us • Carlos Balderas, HUB Administrator Administrative Services Development - (512) 424-6896 - carlos.balderas@hhsc.state.tx.us • Robert L. Hall, C.P.M. Administrative Services Development Director - (512) 424-6596 - robert.hall@hhsc.state.tx.us

Study of Texas Boarding Houses RFP Overview • Background • Mission • Scope of Work • Performance Measures

Study of Texas Boarding Houses • Background • Civic and state leaders have exhibited ongoing interest in unlicensed residential facilities. • Unlicensed residential facilities can be broken into two categories: • those that are operating lawfully and do not require licensure, and • those that are violating state law and should be licensed as assisted living facilities.

Study of Texas Boarding Houses • An assisted living facility is an establishment that furnishes food, shelter, and personal care services to four or more people who are unrelated to the proprietor. • Personal care services include assistance with meals, dressing, movement, bathing, or other personal needs or maintenance; the administration of medication or the assistance with or supervision of medication; or general supervision or oversight of the physical and mental well-being of a person who needs assistance to maintain a private and independent residence in the facility or who needs assistance to manage his or her personal life, regardless of whether a guardian has been appointed for the person.

Study of Texas Boarding Houses • A lawfully operating unlicensed residential facility may be: • an establishment that provides personal care services to three or fewer people, or • an establishment that provides non-personal care services to any number of people.

Study of Texas Boarding Houses • Non-personal care services include community meals, light housework, meal preparation, transportation, grocery shopping, or laundry services.

Study of Texas Boarding Houses • House Bill (HB) 669, 79th Legislature, Regular Session, 2005, required the DADS commissioner to appoint a workgroup to study the feasibility of requiring facilities that furnish food, shelter, and personal care services to three or fewer people who are unrelated to the proprietor to register with DADS.

Study of Texas Boarding Houses • After a full study and discussion of the task assigned, the HB 669 workgroup recommended the following: • Assuming appropriation of adequate resources to fund the effort, it is feasible to require establishments that furnish food and shelter and personal care services to three or fewer people unrelated to the proprietor to register with DADS. Registration alone would not give DADS any regulatory authority over these businesses; however, it could provide information about where some of these establishments are located. • Identification of every establishment of this type is not possible, since they most often are single family dwellings with the owner/operator living in them.

Study of Texas Boarding Houses • Senate Bill (SB) 1055, 79th Legislature, Regular Session, 2005, required HHSC to convene a workgroup to review the current statutes relating to the provision of personal care services and make recommendations regarding changes to the statutes.

Study of Texas Boarding Houses • After a full discussion of the task assigned and careful deliberations as to the ramifications of its recommendations, the SB 1055 workgroup recommended that: • The current licensing requirements for assisted living facilities in Health and Safety Code Chapter 247 remain in place. • Adequate funding be appropriated to DADS to allow the department to investigate unlicensed facilities that may be operating in violation of the licensure requirements.

Study of Texas Boarding Houses • SB 6, 79th Legislature, Regular Session, 2005, required HHSC to develop a task force in one urban and one rural location to identify unlicensed locations, identify those locations that are violating state law and should be licensed as assisted living facilities, and assist those locations that should be licensed with coming into compliance with the law.

Study of Texas Boarding Houses • The SB 6 workgroup stated the following: • Based on DADS’ experiences with establishment of and participation in these taskforces, it appears that identifying assisted living facilities that are operating in violation of Chapter 247 is not necessarily a high priority in smaller, more rural communities. Therefore, the SB 6 workgroup would not recommend mandatory statewide expansion of this pilot.

Study of Texas Boarding Houses • HB 1168, 80th Legislature, Regular Session, 2007, calls for a study and recommendations regarding the most effective method for resolving concerns about boarding houses, including recommendations on whether clarifying the authority of and granting additional authority to counties and municipalities to establish health and safety standards for boarding houses is recommended.

Study of Texas Boarding Houses • HB 1168 defines boarding houses as establishments that provide services including community meals, light housework, meal preparation, transportation, grocery shopping, money management, or laundry services to three or more elderly persons or disabled persons residing in the boarding house who are unrelated to the owner/proprietor.

Study of Texas Boarding Houses • Mission HHSC will contract for the completion of a comprehensive study, recommendations, and report regarding the most effective method for resolving concerns around boarding houses. The recommendations should result in a systematic approach to providing for and protecting the health, safety, and well-being of Texans residing in boarding houses.

Scope of Work • Identify problems/define issues as well as other factors that should be considered (for example: if the study identifies unsafe housing or exploitation as the central problem, what are the underlying factors that create the problem, such as mental incapacity, awareness of service options, affordable housing, availability of transitional housing, availability of mental health supports, etc.)

Scope of Work • Specify means of identifying boarding houses • Identify characteristics of population served by boarding houses (demographics and payment source)

Scope of Work • Determine approximate number of minors served • Determine number of individuals served who are also eligible for public educational services and report these findings to the Texas Education Agency

Scope of Work • Obtain baseline of type of investigations conducted regarding boarding houses to date and the findings of those investigations (for example: Department of Family and Protective Services findings of abuse, neglect, and exploitation)

Scope of Work • Identify each Texas county or municipality that has adopted an order or ordinance regarding the operation of boarding houses • Identify commonalities, if any, among these orders or ordinances • Assess effectiveness of these orders or ordinances

Scope of Work • Research practices of other states and identify any applicable best practices from other states • Assess various methods for resolving issues around boarding houses, including the type of resolution and the level at which it should be administered, including enforcement of compliance with any mandates associated with the resolution

Scope of Work • Identify issues/questions to be addressed by stakeholders • Identify stakeholders; develop stakeholder input process (for example: interviews, focus groups, workgroup meetings, etc.); and obtain stakeholder input

Scope of Work • Formulate recommendations regarding how to best ensure the health, safety, and well-being of population served by boarding houses

Scope of Work • Include the following assessment criteria, at a minimum, for each recommendation: • The applicability, efficacy, and methodology of any requirement associated with the recommendation, such as occupancy permit, fire marshal inspection, ordinance, rule, statute, etc. • The type of requirement associated with the recommendation, e.g., service delivery, architectural (building standards/fire safety requirements), quality of life, dietary, staffing, etc., if any • The administrative level of any requirement associated with the recommendation, e.g., local, regional, state • The problem impact, i.e., which part of the problem the recommendation addresses and the intended effect of the recommendation

Scope of Work • Include the following assessment criteria, at a minimum, for each recommendation (continued): • The entity(ies) responsible for enforcing any requirement associated with the recommendation • The impact to the administering entity, i.e., consideration of the number, qualifications, and training of individuals required to monitor and enforce compliance • The impact to the boarding house provider/owner • The coordination/interface required between governmental authorities to implement the recommendation • An assessment of possible unintended consequences of the recommendation

Scope of Work • Include a proposed implementation schedule for each recommendation • Draft, complete, and submit report to HHSC enterprise agencies and HHSC • Be available for consultation throughout the term of the contract

Performance Measures • Performance Measures • Provide a status report to the state project manager on the 15th day and the last work day of each month (if the 15th day falls on a weekend, the report is due on the Friday prior to the 15th) • Be responsible for obtaining stakeholder input from the individuals/organizations identified by HHSC

Performance Measures • Performance Measures • Be responsible for developing comprehensive meeting notes, including as appropriate, a description of issues discussed, identified problems, and proposed resolution of the issues and include a summation of the above in each of the monthly reports in which a meeting(s) was held • Formulate recommendations in accordance with the time frame indicated in the Project Schedule in Section 2.1 of the RFP

Performance Measures • Performance Measures • Conduct a criminal history check on its employees, independent contractors, and subcontractors • Require any subcontractor to conduct a criminal history check on its employees, independent contractors, and subcontractors who may have any contact with a consumer associated with this study • Not permit an employee to have any contact with a consumer associated with this study if the vendor, contractor, or subcontractor determines, as a result of a criminal history check, that the person has been convicted of an offense listed in Chapter 250 of the Texas Health and Safety Code that bars employment or if the vendor, contractor, or subcontractor determines that a conviction is a contraindication to contact with consumers of services associated with boarding houses

Performance Measures • Performance Measures • Produce a Final Project Report that meets the State’s approval, outlining recommendations for ensuring the health, safety, and well-being of Texans receiving care in boarding houses and a project plan for implementing recommendations • Adhere to the time frames outlined in the Project Schedule in Section 2.1 of the RFP • Adhere to the performance measures specified in Section 2.3 of the RFP

Texas Health and Human Services Commission (HHSC) Questions Submittal Followed by Break

Study of Texas Boarding HousesTentative Responses to Vendor Questions • Non-binding verbal answers to vendor questions are provided. • Binding responses are posted on the procurement website by 12/19/07.

Texas Health and Human Services Commission (HHSC )