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HomeMy WebLinkAboutAspen Developmental ServicesIdaho Falls School District 91 A World Class Education 690 fohn Adams Parkway Idaho Falls, Idaho 83401 Phone: (208) 525-7500 FAX: [208)525-7596 Web Ad d ress: s4444.s!!!.(!]is!g9 IDAHO FALLS SCHOOL DISTRICT 91 System ofCare Protocol for Independent Contractors L Protocol for Independent Contractors Pro vidine BEHAVIORAL INTER\tsNTI ON SPECIALIST (BI). BEHAVORIAL INTERVENTI o N PARAPROFESSIOANL (BI PARA). BI TECHNICIAN (BI TECH). COMMI]NITY BASED REHABII,ITATION SERVICES (CB RS). AND HAB NAL CARI SERVICES The purpose of the System ofCarc s to establish a procedural protocol to assist ldaho Falls School District 91 in colhboraling for the delivery of related services provided by independent contractors in accordance an eligible studcnt's I ndivilua lized Education Program (lEP) and developed pusuant ro Idaho Special Education Rules and Regulations. 2018; The Children's Mental Seryices Act of I 99 8; and Medi:aid billing policy for rehabilitative services in a school setting flDAPA 16.03.09.245, IDAPA 16.03.10.124.05.c, IDAPA 16.03.10.653.05.e, and IDAPA 16.03.09.855.10 Qua lifications and Supervision ). This protocol provides guidelines for Idaho Falls School Distrtt 9l and independent contractors to implement Behavioral Intervention (BI) and Personal Care Services (PCS) Community Based Rehab itation Senrces (CBRS) thal are delivcred to Medicaid eligible students with an IEP on file within the school district. In order to provide BI and CBRS services in the school setting, the Independent Contractor must be approved by the Dtector of Student Services and provide the lollowing docurnentation: A copy of your current certificate of liability insurance with Idaho Falls School District 91 named as an addrtional insured on the policy. Proof ofworkers' compensation coverage for independent contractor personneL A copy of the contractor personnel current criminal background check prior to having contact with students pursuant to Idaho Code Section 33-130. A copy of the contractor pcrsonnel crcdentials pertinent to the servicc bcing provided prior to working with students. A copy of all planned and subsequent complction of training taken towards CBRS CPRP and/or CFRP Certifrcation in accordance with USPRA, IDAPA 16.03.09. 855. 10.k. ii. VENTION PROFE I 2 J 4 5 IContractor: Aspen Develofmental Services (BI, CBR.S! INT PRO, H$ PCS) Datc: 8/15/2022 A copy of the service plan the student is working on in non-school settings. Provide rnonthly documentation of one-to.one supervision by a qualified agency representative with the CBRS provider(s) to reriew treatmenl provided to the student in accordance rvith IDAPA 16.03.09.855.10. The CBRS provider and agency are responsible to provide supervision with each student the provider has worked with monthly. This inchrdes if the provider only worked with a student for one day and must be conducted within the calendar month they are submitting billing. The school will be the lead agency for any emolled student while that student is in school. Before the Independent Contractor nuy work with a student, a contractual agreement must be completed with the Independent Contractor, thc Building Princfial and the Dtector of Student Services. II. Overview for lnde oende nt Contractors Workins r1tth Stude nts "lndependent contractor" means a persor! group, agency, or organization that meets the following conditions: a. Providcs serwiccs to the District under the terms specified in the contractual agreement; b. Provides services to the District according to his or her own processes and methods; c. Is paid or reimbursed fbr services provided to a student through the established billing polby. "Conflict of interest" means any offrcral action or any decision or reoommendation by a person who is employed by the school district, the effect of which would be the private pecuniary beneiit of the person or a member of the person's household, or a business with which the person or a member of the person's household is associated. a. inthe event that a school district employee has an interest in the independe nt contract, or a conflict of interest, the employee must: i. Prepare a written statement descnbing the mafter required to br' acted upon and the nature of the potential conflict; ii. Deliver the statement to the employee's direct supewisor. The Independent Confactor may: a. Submit assessment data and/or reports to a school's evaluation team for consideration in the student evahration process. b. Be invited to an evatuation team mceting by the schml and/or parent/guardian. 6 7 2 -3 2Contractor: Aspcn Developmcntal Scrvices (BI, CBR$ INT PRO, HS PCS) Date: 8/15'2022 Idaho Falls School District 9l must follow the privacy provisions set forth by the Family Educational Rights and Privacy Act (FERPA), Heafth Insurance Portability and Accountability Act (HIPAA), and the ldaho Special Education Manual, 2018. ldaho Falls School District 9l will need written authorization flom the parent/guardian to share information with private scrvice providers. t. 5 6 i. The determination of eligrbility for special education and the provision of a Free Appropriate Public Educatkrn (FAPE) are the responsibility of the IEP tearns and cannol be prescnled by any olher entity. ii. All education decisions regarding educational methodology, materials, and personnel are the rcsponsibility of thc school dhtrict. c. Provide services in the schools to studcnts under the terms of the contractual ageement with the school district (see lndependent Contractor Contractual Agreement). i Contracts are established when the school district descrrbes the services to be provided, including the frequency and duration of services; is payng for the services; and outlines the role, responsibilit ies, and requirements of thc Independent Contractor, inchrding documentation of licensure/certifrcation to perform the presoribed services, documentation of current background check(s), documentation of liability insurance, terms of payment, and provisions fbr changes or termination ofthe conhact. d. Provide services to students on school grounds under the terms of the Summary of Serviccs (see Summary of Services form). i The Summary of Services is established to allow the services to take place on school property to benefR the student's progress in the general education curriculum. The Summary of Services shall describe the specifrc services to be proviJed; the responsibilities of the school and the lndcpendent Contactor; and the pror.isions for space, time, equipment, and materials provided by the school district. ii. The school district may terminatc the Summary of Services at any time. iii Scrvices provided unde r the Summary of Services to a student with a disability shall be included on the student's IEP. School disrict records are only accessible to an indepcndent contractor who is ulder contract with the school district and with thc written consent of the student's parenVguardian or the student, if l8 years oh or older. Nothing in this System of Care Protocol shall be construcd to timit or impinge in any way on seruices parents may acquire lbr their child that are not provided at the school Issues related to the amount of tlrne students are removed from school for any purpose fall under the terms of other school distrtt policies. Contrador: Aspen Dei,,elopmental Services (BI, CBR-I L.\T PRo, Hg PCg -)Date: tl/15 2022 4.The district has no obligation to enter into a contract with an independent contractor or to allow an independent contractor access to school district propert). space. materials. or equpment. IIID IP INDMIT CONTRACI'OR CONTRACI'UAL AGRI]E\,IFNT Th is Indepard€rrt Con tractor Contractual Agreenrnt (hereinafl€r relerred to as "Contrachral AgreerEnt') is €ntercd intobet*.een Idaho Falls School Dis trict 9l (hereinafterrefered to as "the Dstdct") and Asper De\elopnental Services (hereinafterrefened to as "Contractor"). Whereas, theDistrict provides specialeducdional and re lated services to assist students attending schoolin the District in their educational developrnent, as identified on the s tudent's Individualized Education Program(lEP); and Whereas, the Crntnctor is duly licensed and/orqualified and able to provide related serviccs to the District's studentsl DT]RATION OF AGRF'F\,IE{ T The pedod ofthis C.ontl"ctual Agrcenrntwill commence oll the 23ti day of Aupust2022 and remaitritr effect until the 26'hdav of lltav 202-1 This Cont-acrualAgrEcnEnt rs contingcnt upon rhe availabilty ofdistrict funding. Th is Contractual A greenEnt s ha ll not cxceed twclve(12) calendar rmnths. At the disrxetion ofthe Disfict, the ConfactualAgeenrcnt ruy be renewed annually. RU,AIIONS HIP OF PARTIES In performing serv ices u nder th is Contractual AgreenEnt Contractor is and s hall at all lirrEs be an independentcontractorofthe District. Nothingherein is ro be construedas establishing an enployer- enployee rclationship. Sm'\ICTS TO BERU\DIRU) Contractorshallrender the professional s ervices enurrrated on the Sunrmry ofservices, attached hereto and nade a part ofthis Cont'actual Agreenent as set ficrth fully herein, RrcORDKWING Contractor s hallbe res ponsiblc for nnintaining conp lete and accurate rccords docunEnting the profes sional services provided pursuant to this Contractral Agrecnrnt and s hallprovide cop ies oithe records to the District within five (5) working days ofthe dare requested. Additionally,upon reas orable noticq the District s hall hav e thefight to review such records at any tirE during business hours. Appropriate Medicaid billing sheetswill becompleted eachnronth forthe studen(s) served CONFIDBITIALITY ContractoragrEes thatall irlforulation rcgarding s enice s prov idc d punuantto this Contractu al Agreeru;nt, including, bu tnot limited to, the stu dent's identity an d the uatue ofs ervices renden:d, shall be confidential pursuant to the Family klucationalRecords aud Privacy Act (FERpA). Contractoris prohibited Aom d is c lo sing anyinforrmtionobained as a res ult o fre nderin g s erv ices pursuantto this Co ntractual AgreenEntto any in d iv idual uot a u thorized and d irected bythe Districtor u ithout the coment o fthe parurt/guardian or the student, if l8 yeam ofage or older. RPORTING OF ABUSq AB.{NDONMEAIT, OR IIEGLECT Contractoracknowledges its obligationto conply rvith Idaho Cidi] Section l6- 1601, €/ seq. and repolt. u,ithin 24 hours, any s Llspected abusq a bardon rIre nt, orneglect ofa ch ild to law enforcenrent or the Idaho DepannEnt olHealth and Welfare. Contracloralso agre6 ro infolmthe Distdct,within 24 hours, of such su spicion. Contractor: AspeD Developmental Serv ices (BI, CBRq tNT PRO, HE PCS)4Date: 8/1512022 Idaho Falls School Disu'ict 9l It is h ereby agreed b y bo th p artie s th at : SRV|CE DFLMY: TIME AND PLACE Contractor s hall perform services set tbrth in the Sunrnary ot Seruices, un less the parties nutually agree to a rmdification ofthe tin.re and p lace ofservice delivery, COORDINA'I'ION OF SIRVICIN To facilitate delivery ofserviccs. thc District will provide:( I )rcasonable and pronpt notification of nEetings and otherappointnrnts in rvh ich the Contractor is e&ected to partic ip ate; (2) s igned parental consent forrs, as necessa-y;(3) identifying in fornntion regardingthc client and the parcnU guardian; and (4) reasonable assistance in lacilitating conrnu nicatio n tr*ween the Contractorandthe client. parent/guardian, and otherproviders and a gencies. PRIOR APPROVAL OF SM,\'ICES All services renderedby Co ntrac tor un der th e terms ofthis Con tach.ta I AgreenEnt s hall require prior approval by the Dis trict in accordance with federal and satc laws and regulatiom, IocaI policies and procedurcs, and pro fessio ral codcs ofconducL CONSTIYT/ALTHORIZATION TO ACCESS DT]CATIONAL RECORDS OR PROTECTE) HEALTH INFOR]T{ATION The Dis trict and Contracior s hall at all tirrEs require the wfitten consent or authorization ofthe paren t/guardian or s tudent if t 8 ycars ofage or older, for the dis closure or access to educational infonrution pursuan t to FmPA orprotectedhealth in fonrBt io n p ufsuant to the Ilealth [nlorrnation Portabilily and Accountability Act (lIIPAA) regarding the studenr, andshallrnaintain the confidentiality o fth at infofinat io n consistent with the stateand federal law and regulations. PROFESSIONAL SRVICES The services rendered pursuart to this ConhactualAgroerrrcnt !!i ll be pmvidedby individuals who are duly licensedto performthe s ervices orsupervised by a ticensecVcertified provider in accordance with applicable profbssional s tandards. Contractoragrces that allwork pun uantto thisContractual Agreenrnt will be perfomed in accordance with thehighestprofessionalstandards. Writtur docurren tation will be providedto the Districtattesting th al all emp loyees who cone into contact with studenls s hall have been s ubjecl lo a criminal background checkat least as stringent as t hat req u ired by Idaho Code Section 33-130 and policies ofthe District, and have been determinedto not have a criminal backgro Lmd inconsistent with working with children. l'he Dis trict shall have the right to obs erve s ervices b e ing p rovid ed to the clients. NST]LANCE AND LL{BILITY Contractor shallbe solely liable forany los ses or darmges resulth g fromcontracto's performance of any ofthc scrvices coveredby this ConFactual Agreement. Contrdctor shall indennifu andhold harmless the District fromany liab ility, including, but not lirnited to, cost, epenses, and attom eJ,,fee s, resulting ftomContractor's performanceofthe s ervices provided undsrthis Contactua I Agru,elrEnt. Proofofinsurance shall be s ubmilted to thc Dis trict with in tlrn ( l0) days ofthc date ofthis Contructual AgresnEnt. COMPEISATION/BILLI\^G The Dis trict shallconpensate Conracior forthe direct services identified onthe athch€d ldaho School Based Medicaid ProgramSen ice Detail and Activity Record. Reimbunenrnt forapproved hours will be al the allowable billing rate (perunit) for Behavioml Iltervention (BI) and Pemonal Care Services (PCS) less state funding rate (3trlo) and billing services (lffZ) rarcs, in an an]ount nor to exceed the District's rate forthetermofthe ContractualAgreernent- Additionalhoun will be conpensat€dat the same rate, providedthatthe additional hours h av e b een p re -appro ved, in \+,ritin g, by the District's designee. Contractorwill submit a nnnth ly invoice (s taterEnt ofservices rendered ) and the coreleted district Medicaid reporting forns to the DirectorofStudentServices by the endofeach nnnth. These conpleted fons nmst be accunte and ready to s ubmit ro rhe Disrrict's b itling seryice. Gnerally, the District will issue checks rrnnthly ifthc invoice andpaperwork arc completed and in the District ollc€ 5Date.8ll5i2022Contra(Ior: Aspen Developmental Serviccs (Br, cBR-s! rNT PRO. HS PCS) by the end ofthe previoru rrnnth. Agcncy providersare responsible for getting th e appropriate supervision complctcd by the appropriale s upervis or de pe ndin g on sewice being provided A llfbrms mrs t be conp leted tirlly, signed and be the original. Each nnnthly invoice nustinclude the fbllowing infornntion foreach s tudent receiying s crvices: (1) student's n ame, {2) description ofserviccs provided (3) total n u ntrer ofh o urs s pent in providing sewices, and (4) cost o fs ew ics pro vid ed. Additional do c urnentatio n may be requircdby theDistrict andrnust be providedwithin five (5) working days ofthe date the written rcquest forthe d tr urrrnlation is nnde. 'l'he Dishict agreur to pa) Contraclor at a rate as follolis: 19.31 r hour for al ral Intervention rofessional I PARA Se rvices $34.34 oer hour for Behav ioral Intervention Spccialist (BI) Services $30.03 per hour for Behavioral Intervention Technician $36.26 oer h our for Communitv Based Rehabilitation Service s (CBRS) Serviccs $30.03 rer hour for Habilitative Skills Pro (HS PRO) 19.31 r hour for Habilitative Skills Para S PARA for the drration ofthe contract NON-DISCRIMINATION The parties hereby agreethatno pelson shallbe e>cluded ftonf denied p an ic ipa tion in, or o th er'l,is e s ubjected to dis crimin at io n on the grounds ofrace, color, crccd, nationalorigin, sex, age, ordisability in perfonrnnce ofthis Confactual Agreenrcnt. @\,MNANCE This Contractua.lAgreenent shall be govemed bythe laws ofthe State ofldaho. Contracior s hall, at all tirEs, corrply with and observeall fedeml, state, and locallaws. regulations, and ordinances which arc in effect and applicable during theperiod of this ConFactual AgreenEnt. ASSIG\{MBIT This Contractual AgreerEntshallnot be s ubjeci to assigmrrnt, in *tole or in part, by Contractor or by operation oflaw, so as to authorize any personotherthan Contractor, o r Con traclor's erqloyees. to as surE thedutics subject to this Co D trarlual Agreerrent withoutthe Djstrict's priorwritten consenl ST]CCESSORS A\D ASSIG \iS This Contracnral Agreenrcnt is binding upon, and inures to the b enefit of, successors andpermitted as s igns to theContraltualAgresfiEnt. AMINDMEI\rT This (bntractual A gree[Ent rna y be anEndedat any tinr with the priorwdtten couscnt ofbotlr parties. Anyand allanEndments to this ContractualAgreenrnt shallbe in writing. TRVINATION This Co ntracnr al A g re ernent rnay be teminated without cause by eitherparty with in thirty (30) days afterpmviding writtennotice oftbe intentto terminate to thc o therparty. Additionally, the Districtrmy intnEdiately terminate this Co n trachral A greernen! upon written notice, in th e event fun din g for the Dis rict's program is no longer available or th e s pecific s ervices to th is Contractual AgreenEnt are rmdified orterminated fora student. DU'AULT Upon default by eitherpafty, the no n-de faulting parry* rny, upon written nolice, cancelthis ContractualAgrernent inrnediately and nray punue any andallavailable legaland equitable 6Conlraoor: AspeD Dor'elopmemal Scrvices (BI. CBRS II{T PRO. HS PCS) Datc:8115 2022 $47.35 per hour for Interve ntion Pmfessional $I1.94 perhourfor PenonalCare Services (PCSI rerrcdies. The defaulting party s hallbe liable lbr any and alley)enses that are incurred by thc non- delaulting party as a result thereot, including, but not liinited to, procuring subst itute perfbrrnance, legalfbes, and othcr losses incurred due to the defbult. TIME OF PERTORMAI\{CD Tinre is of the essence in th is Contractual AgreerrEnq therefore, all tines for pcrfornrance o fthe obligations, as stated herein, shall be strictly conplied with by the parties. NON.WAVIM, BRFACII The failure ofContractororthe District to insistupon strict perforrmnce ofany ofthe terrns ofthis Contract ual A gree nE nt. orto e)crcis e any option herein conferred in any or allinstances, shall not constituE a waiverorrclinquishnrentofany s uch tenr, but the sarrE s hallbe and rennin in fu[ force and effect, unless s uch waiver is evidenced by th e prior written consent ofcontractor or the District ATTORNEY Ff,ES If eith er p arty defaults in any nnnncror fails to fu lfill any and/or all prov is ions ofthis Contraaual AgreerEnt, and ifthe non-defaulting party hircs an atomey to exercis e its rights upon such dehult or fa ilure , orif the parties are inv o lved in any litigation (including anyproceedhgs in bankruptry), the prcvailirig party shall be entitled to recover rreaso nab le atto mcy l'ees and costs fromthe other party. This paragraph shallbe enforceable by the p;ntics n ot*ithstand ing any rescission. forfeiture, or other termination of this Crntracn-ul AgreenEDL DLSPUTE RESOLUIION All participatingagencies agree to resolve systemic disputes that aris e in the pro vision ofspecial education and ind epend ent contractor s erv ices in a non-adversarial nsnnerandlo ensue that using the fo llowing process to resolve intemgency dispules does not dis ru$ s ervices to studen$ and families: SR,VMABITXTY Any termorprcvis ion ofthis Co n trdc tual A greorrnt th at is invalid o r unenforc eable in any s ituation in any jurisdiction u'ill be deemed npdified to rcflect the intent ofthe parties, determined by refereuce to the invalid orunentbrceable termorprovision, to the grcatest p ermis sible e{ent, and willnot affect the v alidity orenforceability ofthe remaining tenm and provisions ofthe ContactualAgreerrEnr or the validity o r en forceab ility ofthe offendingtermorprcvision in any other s ituatio n orju ris d ic tio n. COMPLETE STATE\IT\TT OF TM}S Th is Con tractual Agrcqren t constitutes the entire agreenrcntbctween thepanics h ereto, andshall supersede all prev ious oral or written proposals, n egotiations, conrnitnrnts, and all other comrunications betwcen the parlies. This Contractual A greement rlaynot bc released, discharged or nnd ified ercept by an instrurnent in writing, s igned by the duly authorized rep resen tativ es ofthe parties. 7Contracor: Aspen Developmental Services (BI, CBRIi, INT PRO, HS PCS) Date: 8/15i2022 l. An individualoragencywith aconcem will firs t use the agarcy's intem al procedures to address the concem. 2. lfresolution Ls notachieved al tbeprovious level the iss ueand all relevant inforrntiou will now be fbrwarded to Lhe Director o fstudent Services forldaho Ialls SchoolDis trict 91 and Contractor's admin is trdor. 3. Ifconsensu is not reach€d at theprevious level, the Directorofstudent Services will forward the iss ue aud all relevant infonmtio n to the Superintendentof tdaho FaUs Schml Dstrict 91. 4. Ifa concem is relatedto the qualityofservicc orhealth and safetyis sucs. schools should refer s uch concems abo ut C-ontractor and/or t h e services being providedto the DtcctorofstudeDt Scrvices and Contractor's administratorto bc addrtssed. 5. lf thes e concsns are not res olved in a dialoguc with the s chool admin is trator (the Director of Student Serviccs and/or thc Superintendent) andthe Contractor's ad minis tator, the Depa'trn€nt of Hcalth and W elfare re g ional lic en s ing entity may b e co ntacted to invcstig ate the s ituado n. SUMMARYOF SERVICES Independent Contractor and ldaho l'alls School District9l This Summary of Scrvices is to be used only after the District and Contractor have signed the Independent Contractor Contractual Agreement. Department of Ilealth & Welfare Contact: School Based Medicaid Address: 3232 Elder Street, Boise, ID 83705 Telephone Number: 208-364- I 903 Certificate/LicensureNumber:DDA-6103 ExpirationDate: 121212022 Direct Service Provider: Qualified individual as mutually agreed upon Review ofService: Ftst Review: N<lvember 14, 2022 Second Review: February 13,2023 Third Review: Apnl 24, 2023 At the student's annual IEP Team meeting SR.VICE PLA\S) MUST BE ATTACIIED (For Information C)nlv) Service(s) to beprovide: Behaviorai Intervention (BI), Community Based Rehabilitation Services (CBRS), PersonalCarc Services (PCS) and Flabilitative Skills (lIS) When service(s) willbe provided: Day(s): Monday - Friday when school is in session and student is attending Time: the schoolday when student is attending Location (i.e., classroom, playground, etc...): all locations Duration of services (each day): As requtred by the assigned students' IEPs. ContraLtor: Aspen Developrnental Servrccs (BI, CBR.\ INT PRO. HS PCS) 8Date: Il/15 2022 Independent Contractor Agency: Aspen Developnental Services Administrator: Matthew Smith Rrsiness Address: 3270F,. lTth St #261, Ammon Idaho 83406 Tclephone Number: 208-534-8303 BMail aspenmh@outlook.conr Contractor will comply with the District and,/or school operational procedures and will fulfll the following re spons ibilities: . Sre! in and out of the school offrce each vis it with proper identification.. Wear picture identification and/or obtain a visitor's identification badge from the school for each visit. . Wear appropriate clothing for the schoolsetting. . Adhere to set schedule arrive and leave on time. . Notify the building administrator ifyou will be absent (one day notice, ifpossible).o Pick up and return the student to an appropriate school staff person for each visit, if applicable. o Remain in assigned location. o Be knowledgeable about school emergency procedures. o Not use any information obtained by observing other students to make contactwith parents for solic itation purposes. . Not attempt to supersede a teacher or school staff rnember in the instructional implementation or supe rvis ior of an individual orclass. The special education teacher and/or general education teacher is thc instructional leader in the classroom. . Notify the Disfiict and/or school of any staflmg changes within the agency that relate to the services indicated on thil agreement. . Be cooperative when resolving conflicts with dislrict and/or school staff. District/school res pon si bilities include: . Respect the rights of Contractor. o Provide information regarding the procedures and schedule ofthe school.o Provide information on emergency procedurcs. . When appropriate, invrte Contractor to specific student's Multi-Disciplinary Team (MDT) meetings and/or lndividualizcd F/ucation Program (lEP) team meetings. o Accommodate, within reason, Contractor's needs to fulfill the service plan. o Provide a positive climate and building environment to fbc ilitate mutualassistance. Be cooperative when resolving conllicts between Contractor and school staff, The above items are not to be considered all inclusive. Any concerns willbe addressed accordrg to the Dispute Resoh.rtion section in the Contractual Agreement. IN WITNESS WHEREOF, the pafiies have executed this Contrac tual Agreement. 9/ ts /zz_ Signature of Conlractor or Designee NM s\olra Signahre of District 1Supenntende sgnce 9Contractor: Aspen Developrnedal Services (BI, CBR.I I}iT PRO. HS, PCS) nt Datc: 8 /15 2022 Date