200167-CONTRACT - ARIZONA THERAPY PROVIDERS DBA PTPN.DOCX
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SERIAL 200167-RFP
WORKERS’ COMPENSATION BILL REVIEW, PHARMACY BENEFITS,
AND PHYSICAL THERAPY SERVICES
Contract - Arizona Therapy Providers dba PTPN
DATE OF LAST REVISION: June 24, 2020
CONTRACT END DATE: June 30, 2021
CONTRACT PERIOD THROUGH JUNE 30, 2021
TO:
All Departments
FROM:
Office of Procurement Services
SUBJECT:
Contract for WORKERS’ COMPENSATION BILL REVIEW, PHARMACY
BENEFITS, AND PHYSICAL THERAPY SERVICES
Attached to this letter is published an effective purchasing contract for products and/or services to be
supplied to Maricopa County activities as awarded by Maricopa County on June 24, 2020.
All purchases of products and/or services listed on the attached pages of this letter are to be obtained
from the vendor holding the contract. Individuals are responsible to the vendor for purchases made
outside of contracts. The contract period is indicated above.
AS/mm
Attach
Copy to:
Office of Procurement Services
Shannon Murphy, Risk Management
Kathleen Kolm Risk Management
CONTRACT WORKERS’ COMPENSATION BILL REVIEW, PHARMACY
BENEFITS, AND PHYSICAL THERAPY SERVICES 200167-RFP
This contract is entered into this 24th day of June, 2020 by and between Maricopa County (“County”), a
political subdivision of the State of Arizona, and Arizona Therapy Providers, LTD dba PTPN, an Arizona
corporation (“Contractor”) to identify a contractor(s) to provide a Physical Therapy Service Network (PTSN)
to provide a network of physical therapy service providers on an as needed basis for Maricopa County
employees on workers’ compensation.
1.0
CONTRACT TERM
1.1
This contract is for a term of one year, beginning on the 24th day of June, 2020 and ending
the 30th of June, 2021.
2.0
OPTION TO RENEW
The County may, at its option and with the concurrence of the Contractor, renew the term of this
contract up to a maximum of five additional year(s), (or at the County’s sole discretion, extend the
contract on a month-to-month basis for a maximum of six months after expiration). The Contractor
shall be notified in writing by the Office of Procurement Services of the County’s intention to renew
the contract term at least 60 calendar days prior to the expiration of the original contract term.
3.0
CONTRACT COMPLETION
In preparation for contract completion, the Contractor shall make all reasonable efforts for an
orderly transition of its duties and responsibilities to another provider and/or to the County. This
may include, but is not limited to, preparation of a transition plan and cooperation with the County
or other providers in the transition. The transition includes the transfer of all records and other data
in the possession, custody, or control of the Contractor that are required to be provided to the
County either by the terms of this agreement or as a matter of law. The provisions of this clause
shall survive the expiration or termination of this agreement.
4.0
PRICE ADJUSTMENTS
Any requests for reasonable price adjustments must be submitted 60 calendar days prior to
contract expiration. Requests for adjustment in cost of labor and/or materials must be supported
by appropriate documentation. The reasonableness of the request will be determined by comparing
the request with the Consumer Price Index or by performing a market survey. If County agrees to
the adjusted price terms, County shall issue written approval of the change and provide an updated
version of the contract. The new change shall not be in effect until the date stipulated on the
updated version of the contract.
5.0
PAYMENTS
5.1
As consideration for performance of the duties described herein, County shall pay
Contractor the sum(s) stated in Exhibit A – Vendor Information and Pricing.
5.2
Payment shall be made upon the County’s receipt of a properly completed invoice.
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5.3
INVOICES
5.3.1
The BRCWS Contractor shall submit one legible copy of their detailed invoice
before payment(s) will be made. Incomplete invoices will not be processed. At a
minimum, the invoice must provide the following information:
•
Company name, address, and contact information
•
County bill-to name and contact information
•
Contract serial number
•
County purchase order number
•
Project name and/or number
•
Invoice number and date
•
Payment terms
•
Date of service or delivery
•
Quantity (number of days or weeks)
•
Contract item number(s)
•
Arrival and completion time (if applicable)
•
Description of purchase (product or services)
•
Pricing per unit of purchase
•
Extended price
•
Total amount due
5.3.2
Workers’ Compensation Pharmacy Benefit Manager Services and Workers’
Compensation Physical Therapy Service Network invoices shall also include, but
not necessarily be limited to:
•
Individual prescription claims/individual physical therapy claims
•
County assigned claim number
•
Administrative fees
•
Any other costs and charges specified in the agreement
Invoices from PBM and PTSN shall be directed to the Bill Review Services as
directed by the County.
5.3.3
Problems regarding billing or invoicing shall be directed to the department as listed
on the purchase order.
5.3.4
Payment shall only be made to the Contractor by Accounts Payable through the
Maricopa County Vendor Express Payment Program. This is an Electronic Funds
Transfer (EFT) process. After contract award, the Contractor shall complete the
Vendor Registration Form located on the County Department of Finance Vendor
Registration Web Site https://www.maricopa.gov/5169/Vendor-Information.
5.3.5
Discounts offered in the contract shall be calculated based on the date a properly
completed invoice is received by the County.
5.3.6
EFT payments to the routing and account numbers designated by the Contractor
shall include the details on the specific invoices that the payment covers. The
Contractor is required to discuss remittance delivery capabilities with their
designated financial institution for access to those details.
5.4
APPLICABLE TAXES
5.4.1
It is the responsibility of the Contractor to determine any and all applicable taxes
and include those taxes in their proposal. The legal liability to remit the tax is on
the entity conducting business in Arizona. Tax is not a determining factor in
contract award.
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5.4.2
The County will look at the price or offer submitted and will not deduct, add, or alter
pricing based on speculation or application of any taxes, nor will the County
provide Contractor any advice or guidance regarding taxes. If you have questions
regarding your tax liability, seek advice from a tax professional prior to submitting
your bid. You may also find information at https://www.azdor.gov/Business.aspx.
Once your bid is submitted, the offer is valid for the time specified in this solicitation,
regardless of mistake or omission of tax liability. If the County finds overpayment
of a project due to tax consideration that was not due, the Contractor will be liable
to the County for that amount, and by contracting with the County agrees to remit
any overpayments back to the County for miscalculations on taxes included in a
bid price.
5.4.3
Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State,
and local taxes applicable to their operation and any persons employed by the
Contractor. Contractor shall, and require all subcontractors to, hold Maricopa
County harmless from any responsibility for taxes, damages, and interest, if
applicable, contributions required under Federal and/or State and local laws and
regulations, and any other costs including: transaction privilege taxes,
unemployment compensation insurance, Social Security, and Workers’
Compensation. Contractor may be required to establish, to the satisfaction of
County, that any and all fees and taxes due to the City or the State of Arizona for
any license or transaction privilege taxes, use taxes, or similar excise taxes are
currently paid (except for matters under legal protest).
6.0
AVAILABILITY OF FUNDS
6.1
The provisions of this contract relating to payment for services shall become effective when
funds assigned for the purpose of compensating the Contractor as herein provided are
actually available to County for disbursement. The County shall be the sole judge and
authority in determining the availability of funds under this contract. County shall keep the
Contractor fully informed as to the availability of funds.
6.2
If any action is taken by, any State agency, Federal department, or any other agency or
instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in
connection with, this contract, County may amend, suspend, decrease, or terminate its
obligations under, or in connection with, this contract. In the event of termination, County
shall be liable for payment only for services rendered prior to the effective date of the
termination, provided that such services are performed in accordance with the provisions
of this contract. County shall give written notice of the effective date of any suspension,
amendment, or termination under this section, at least 10 days in advance.
7.0
STRATEGIC ALLIANCE for VOLUME EXPENDITURES (SAVE)
The County is a member of the SAVE cooperative purchasing group. SAVE includes the State of
Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts.
Under the SAVE Cooperative Purchasing Agreement, and with the concurrence of the successful
respondent under this solicitation, a member of SAVE may access a contract resulting from a
solicitation issued by the County. If you do not want to grant such access to a member of SAVE,
state so in your bid. In the absence of a statement to the contrary, the County will assume that you
do wish to grant access to any contract that may result from this bid. The County assumes no
responsibility for any purchases by using entities.
8.0
INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPAs)
County currently holds ICPAs with numerous governmental entities. These agreements allow those
entities, with the approval of the Contractor, to purchase their requirements under the terms and
conditions of the County contract. It is the responsibility of the non-County government entity to
perform its own due diligence on the acceptability of the contract under its applicable procurement
rules, processes, and procedures. Certain governmental agencies may not require an ICPA and
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may utilize this contract if it meets their individual requirements. Other governmental agencies may
enter into a separate Statement of Work with the Contractor to meet their own requirements. The
County is not a party to any uses of this contract by other governmental entities.
9.0
DUTIES
The Contractor shall perform all duties stated in Exhibit B – Scope of Work, or as otherwise directed
in writing by the procurement officer.
10.0
TERMS AND CONDITIONS
10.1
INDEMNIFICATION
10.1.1
To the fullest extent permitted by law, and to the extent that claims, damages,
losses, or expenses are not covered and paid by insurance purchased by the
Contractor, the Contractor shall defend, indemnify, and hold harmless the County
(as “Owner”), its agents, representatives, officers, directors, officials, and
employees from and against all claims, damages, losses, and expenses (including,
but not limited to attorneys' fees, court costs, expert witness fees, and the costs
and attorneys' fees for appellate proceedings) arising out of, or alleged to have
resulted from, the negligent acts, errors, omissions, or mistakes relating to the
performance of this contract.
10.1.2
Contractor's duty to defend, indemnify, and hold harmless the County, its agents,
representatives, officers, directors, officials, and employees shall arise in
connection with any claim, damage, loss, or expense that is attributable to bodily
injury, sickness, disease, death, or injury to, impairment of, or destruction of
tangible property, including loss of use resulting therefrom, caused by negligent
acts, errors, omissions, or mistakes in the performance of this contract, but only to
the extent caused by the negligent acts or omissions of the Contractor, a
subcontractor, anyone directly or indirectly employed by them, or anyone for
whose acts they may be liable, regardless of whether or not such claim, damage,
loss, or expense is caused in part by a party indemnified hereunder.
10.1.3
The amount and type of insurance coverage requirements set forth herein will in
no way be construed as limiting the scope of the indemnity in this section.
10.1.4
The scope of this indemnification does not extend to the sole negligence of County.
10.2
INSURANCE
10.2.1
Contractor, at Contractor’s own expense, shall purchase and maintain, at a
minimum, the herein stipulated insurance from a company or companies duly
licensed by the State of Arizona and possessing an AM Best, Inc. category rating
of B++. In lieu of State of Arizona licensing, the stipulated insurance may be
purchased from a company or companies, which are authorized to do business in
the State of Arizona, provided that said insurance companies meet the approval of
County. The form of any insurance policies and forms must be acceptable to
County.
10.2.2
All insurance required herein shall be maintained in full force and effect until all
work or service required to be performed under the terms of the contract is
satisfactorily completed and formally accepted. Failure to do so may, at the sole
discretion of County, constitute a material breach of this contract.
10.2.3
In the event that the insurance required is written on a claims-made basis,
Contractor warrants that any retroactive date under the policy shall precede the
effective date of this contract and either continuous coverage will be maintained,
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or an extended discovery period will be exercised for a period of two years
beginning at the time work under this contract is completed.
10.2.4
Contractor’s insurance shall be primary insurance as respects County, and any
insurance or self-insurance maintained by County shall not contribute to it.
10.2.5
Any failure to comply with the claim reporting provisions of the insurance policies
or any breach of an insurance policy warranty shall not affect the County’s right to
coverage afforded under the insurance policies.
10.2.6
The insurance policies may provide coverage that contains deductibles or self-
insured retentions. Such deductible and/or self-insured retentions shall not be
applicable with respect to the coverage provided to County under such policies.
Contractor shall be solely responsible for the deductible and/or self-insured
retention and County, at its option, may require Contractor to secure payment of
such deductibles or self-insured retentions by a surety bond or an irrevocable and
unconditional letter of credit.
10.2.7
The insurance policies required by this contract, except Workers’ Compensation
and Errors and Omissions, shall name County, its agents, representatives, officers,
directors, officials, and employees as additional insureds.
10.2.8
The policies required hereunder, except Workers’ Compensation and Errors and
Omissions, shall contain a waiver of transfer of rights of recovery (subrogation)
against County, its agents, representatives, officers, directors, officials, and
employees for any claims arising out of Contractor’s work or service.
10.2.9
If available, the insurance policies required by this contract may be combined with
Commercial Umbrella Insurance policies to meet the minimum limit requirements.
If a Commercial Umbrella insurance policy is utilized to meet insurance
requirements, the Certificate of Insurance shall indicate which lines the
Commercial Umbrella Insurance covers.
10.2.9.1
Commercial General Liability
Commercial General Liability (CGL) insurance and, if necessary,
Commercial Umbrella insurance with a limit of not less than $2,000,000
for each occurrence, $4,000,000 Products/Completed Operations
Aggregate, and $4,000,000 General Aggregate Limit. The policy shall
include coverage for premises liability, bodily injury, broad form property
damage, personal injury, products and completed operations and
blanket contractual coverage, and shall not contain any provisions which
would serve to limit third party action over claims. There shall be no
endorsement or modifications of the CGL limiting the scope of coverage
for liability arising from explosion, collapse, or underground property
damage.
10.2.9.2
Workers’ Compensation
10.2.9.2.1
Workers’ Compensation insurance to cover obligations
imposed by Federal and State statutes having jurisdiction of
Contractor’s employees engaged in the performance of the
work or services under this contract; and Employer’s
Liability insurance of not less than $1,000,000 for each
accident, $1,000,000 disease for each employee, and
$1,000,000 disease policy limit.
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10.2.9.2.2
Contractor, its subcontractors, and sub-subcontractors
waive all rights against this contract and its agents, officers,
directors, and employees for recovery of damages to the
extent these damages are covered by the Workers’
Compensation and Employer’s Liability or Commercial
Umbrella Liability insurance obtained by Contractor, its
subcontractors, and its sub-subcontractors pursuant to this
contract.
10.2.9.3
Errors and Omissions/Professional Liability Insurance
Errors and Omissions (Professional Liability) insurance which will insure
and provide coverage for errors or omissions or professional liability of
the contractor, with limits of no less than $2,000,000 for each claim.
10.2.9.4
Cyber, Network Security, and Privacy Liability
Cyber, Network Security and Privacy Liability Insurance with a limit of
not less than $5,000,000 per occurrence. The policy shall include, but
not be limited to; coverage for all directors, officers, agents and
employees of the Contractor, losses with respect to network risks (such
as data breaches, unauthorized access or use, and ID theft of data),
invasion of privacy (regardless of the type of media involved in the loss
of private information), crisis management, identity theft response costs,
breach notification costs, credit remediation, and credit monitoring,
defense, and claims expenses, regulatory defense costs plus fines and
penalties, cyber extortion, electronic data restoration expenses (data
asset protection), network business interruption, computer fraud
coverage, funds transfer loss, third-party fidelity, theft, no requirement
for arrest and conviction, and loss outside the premises of the named
insured.
10.2.10 Certificates of Insurance:
10.2.10.1
Prior to contract award, Contractor shall furnish the County with valid
and complete Certificates of Insurance, or formal endorsements as
required by the contract in the form provided by the County, issued
by Contractor’s insurer(s), as evidence that policies providing the
required coverage, conditions and limits required by this contract are
in full force and effect. Such certificates shall identify this contract
number and title.
10.2.10.2
In the event any insurance policy(ies) required by this contract is
(are) written on a claims-made basis, coverage shall extend for two
years past completion and acceptance of Contractor’s work or
services and as evidenced by annual certificates of insurance.
10.2.10.3
If a policy does expire during the life of the Contract, a renewal
certificate must be sent to County 15 calendar days prior to the
expiration date.
10.2.11 Cancellation and Expiration Notice:
Applicable to all insurance policies required within the insurance requirements of
this contract, Contractor’s insurance shall not be permitted to expire, be
suspended, be canceled, or be materially changed for any reason without 30 days
prior written notice to Maricopa County. Contractor must provide to Maricopa
County, within two business days of receipt, if they receive notice of a policy that
has been or will be suspended, canceled, materially changed for any reason, has
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expired, or will be expiring. Such notice shall be sent directly to Maricopa County
Office of Procurement Services and shall be mailed, or hand delivered to
160 S. 4th Avenue, Phoenix, AZ 85003, or emailed to the procurement officer noted
in the solicitation.
10.3
FORCE MAJEURE
10.3.1
Neither party shall be liable for failure of performance, nor incur any liability to the
other party on account of any loss or damage resulting from any delay or failure to
perform all or any part of this contract, if such delay or failure is caused by events,
occurrences, or causes beyond the reasonable control and without negligence of
the parties. Such events, occurrences, or causes will include acts of God/nature
(including fire, flood, earthquake, storm, hurricane, or other natural disaster), war,
invasion, act of foreign enemies, hostilities (whether war is declared or not), civil
war, riots, rebellion, revolution, insurrection, military or usurped power or
confiscation, terrorist activities, nationalization, government sanction, lockout,
blockage, embargo, labor dispute, strike, and interruption or failure of electricity or
telecommunication service.
10.3.2
Each party, as applicable, shall give the other party notice of its inability to perform
and particulars in reasonable detail of the cause of the inability. Each party must
use best efforts to remedy the situation and remove, as soon as practicable, the
cause of its inability to perform or comply.
10.3.3
The party asserting Force Majeure as a cause for non-performance shall have the
burden of proving that reasonable steps were taken to minimize delay or damages
caused by foreseeable events, that all non-excused obligations were substantially
fulfilled, and that the other party was timely notified of the likelihood or actual
occurrence which would justify such an assertion, so that other prudent
precautions could be contemplated.
10.4
ORDERING AUTHORITY
Any request for purchase shall be accompanied by a valid purchase order issued by a
County department or directed by a Certified Agency Procurement Aid (CAPA) with a
purchase card for payment.
10.5
PROCUREMENT CARD ORDERING CAPABILITY
County may opt to use a procurement card (Visa or Master Card) to make payment for
orders under this contract.
10.6
NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION
This contract does not guarantee any minimum or maximum purchases will be made.
Orders will only be placed under this contract when the County identifies a need and proper
authorization and documentation have been approved.
10.7
PURCHASE ORDERS
10.7.1
County reserves the right to cancel purchase orders within a reasonable period of
time after issuance. Should a purchase order be canceled, the County agrees to
reimburse the Contractor for actual and documentable costs incurred by the
Contractor in response to the purchase order. The County will not reimburse the
Contractor for any costs incurred after receipt of County notice of cancellation, or
for lost profits, or for shipment of product prior to issuance of purchase order.
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10.7.2
Contractors agree to accept verbal notification of cancellation of purchase orders
from the County procurement officer with written notification to follow. Contractor
specifically acknowledges to be bound by this cancellation policy.
10.8
BACKGROUND CHECK
Respondents may be required to pass multiple background checks (e.g. Sheriff’s Office,
County Attorney's Office, Courts, as well as Maricopa County general government) to
determine if the respondent is acceptable to do business with the County. This applies to,
but is not limited to, the company, subcontractors, and employees, and the failure to pass
these checks shall deem the respondent non-responsible.
10.9
SUSPENSION OF WORK
The procurement officer may order the Contractor, in writing, to suspend, delay, or interrupt
all or any part of the work of this contract for the period of time that the procurement officer
determines appropriate for the convenience of the County. No adjustment shall be made
under this clause for any suspension, delay, or interruption to the extent that performance
would have been so suspended, delayed, or interrupted by any other cause, including the
fault or negligence of the Contractor. No request for adjustment under this clause shall be
granted unless the claim, in an amount stated, is asserted in writing as soon as practicable
after the termination of the suspension, delay, or interruption, but not later than the date of
final payment under the contract.
10.10
STOP WORK ORDER
10.10.1 The procurement officer may, at any time, by written order to the Contractor,
require the Contractor to stop all, or any part, of the work called for by this contract
for a period of 90 calendar days after the order is delivered to the Contractor, and
for any further period to which the parties may agree. The order shall be specifically
identified as a stop work order issued under this clause. Upon receipt of the order,
the Contractor shall immediately comply with its terms and take all reasonable
steps to minimize the incurrence of costs allocable to the work covered by the order
during the period of work stoppage. Within a period of 90 calendar days after a
stop work order is delivered to the Contractor, or within any extension of that period
to which the parties shall have agreed, the procurement officer shall either:
10.10.1.1 cancel the stop work order; or
10.10.1.2 terminate the work covered by the order as provided in the Termination
for Default or the Termination for Convenience clause of this contract.
10.10.1.3 The procurement officer may make an equitable adjustment in the
delivery schedule and/or contract price, and the contract shall be
modified, in writing, accordingly, if the Contractor demonstrates that the
stop work order resulted in an increase in costs to the Contractor
10.11
TERMINATION FOR CONVENIENCE
Maricopa County may terminate the resultant contract for convenience by providing 60
calendar days advance notice to the Contractor.
10.12
TERMINATION FOR DEFAULT
10.12.1 The County may, by written Notice of Default to the Contractor, terminate this
contract in whole or in part if the Contractor fails to:
10.12.1.1 deliver the supplies or to perform the services within the time specified
in this contract or any extension;
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10.12.1.2 make progress, so as to endanger performance of this contract; or
10.12.1.3 perform any of the other provisions of this contract.
10.12.2 The County’s right to terminate this contract under these subparagraphs may be
exercised if the Contractor does not cure such failure within 10 business days (or
more if authorized in writing by the County) after receipt of a Notice to Cure from
the procurement officer specifying the failure.
10.13
PERFORMANCE
It shall be the Contractor’s responsibility to meet the proposed performance requirements.
Maricopa County reserves the right to obtain services on the open market in the event the
Contractor fails to perform, and any price differential will be charged against the Contractor.
10.14
CONTRACTOR EMPLOYEE MANAGEMENT
10.14.1 Contractor shall endeavor to maintain the personnel proposed in their proposal
throughout the performance of this contract.
10.14.2 If Contractor personnel’s employment status changes, Contractor shall provide
County a list of proposed replacements with equivalent or greater experience.
10.14.3 Under no circumstances shall the implementation schedule to be impacted by a
personnel change on the part of the Contractor.
10.14.4 Contractor shall not reassign any key personnel identified in their proposal without
the express consent of the County.
10.14.5 County reserves the right to immediately remove from its premises any Contractor
personnel it determines to be a risk to County operations.
10.14.6 County reserves the right to request the replacement of any Contractor personnel
at any time, for any reason.
10.15
WARRANTY OF SERVICES
10.15.1 The Contractor warrants that all services provided hereunder will conform to the
requirements of the contract, including all descriptions, specifications and
attachments made a part of this contract. County’s acceptance of services or
goods provided by the Contractor shall not relieve the Contractor from its
obligations under this warranty.
10.15.2 In addition to its other remedies, County may, at the Contractor's expense, require
prompt correction of any services failing to meet the Contractor's warranty herein.
Services corrected by the Contractor shall be subject to all the provisions of this
contract in the manner and to the same extent as services originally furnished
hereunder.
10.16
INSPECTION OF SERVICES
10.16.1 The Contractor shall provide and maintain an inspection system acceptable to
County covering the services under this contract. Complete records of all
inspection work performed by the Contractor shall be maintained and made
available to County during contract performance and for as long afterwards as the
contract requires.
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10.16.2 County has the right to inspect and test all services called for by the contract, to
the extent practicable at all times and places during the term of the contract.
County shall perform inspections and tests in a manner that will not unduly delay
the work.
10.16.3 If any of the services do not conform to contract requirements, County may require
the Contractor to perform the services again in conformity with contract
requirements, at no cost to the County. When the defects in services cannot be
corrected by re-performance, County may:
10.16.3.1 require the Contractor to take necessary action to ensure that future
performance conforms to contract requirements; and
10.16.3.2 reduce the contract price to reflect the reduced value of the services
performed.
10.16.4 If the Contractor fails to promptly perform the services again or to take the
necessary action to ensure future performance in conformity with contract
requirements, County may:
10.16.4.1 by contract or otherwise, perform the services and charge to the
Contractor, through direct billing or through payment reduction, any cost
incurred by County that is directly related to the performance of such
service; or
10.16.4.2 terminate the contract for default.
10.17
USAGE REPORT
The Contractor shall furnish the County a usage report, upon request, delineating the
acquisition activity governed by the contract. The format of the report shall be approved by
the County and shall disclose the quantity and dollar value of each contract item by
individual unit of measure.
10.18
STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Notice is given that, pursuant to A.R.S. § 38-511, the County may cancel any contract
without penalty or further obligation within three years after execution of the contract, if any
person significantly involved in initiating, negotiating, securing, drafting, or creating the
contract on behalf of the County is at any time, while the contract or any extension of the
contract is in effect, an employee or agent of any other party to the contract in any capacity
or consultant to any other party of the contract with respect to the subject matter of the
contract. Additionally, pursuant to A.R.S. § 38-511, the County may recoup any fee or
commission paid or due to any person significantly involved in initiating, negotiating,
securing, drafting, or creating the contract on behalf of the County from any other party to
the contract arising as the result of the contract.
10.19
OFFSET FOR DAMAGES
In addition to all other remedies at Law or Equity, the County may offset from any money
due to the Contractor any amounts Contractor owes to the County for damages resulting
from breach or deficiencies in performance of the contract.
10.20
SUBCONTRACTING
10.20.1 The Contractor may not assign to another Contractor or subcontract to another
party for performance of the terms and conditions hereof without the written
consent of the County. All correspondence authorizing subcontracting must
reference the bid serial number and identify the job or project.
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10.20.2 The subcontractor’s rate for the job shall not exceed that of the prime Contractor’s
rate, as bid in the pricing section, unless the prime Contractor is willing to absorb
any higher rates. The subcontractor’s invoice shall be invoiced directly to the prime
Contractor, who in turn shall pass-through the costs to the County, without mark-
up. A copy of the subcontractor’s invoice must accompany the prime Contractor’s
invoice.
10.21
AMENDMENTS
All amendments to this contract shall be in writing and approved/signed by both parties.
Maricopa County Office of Procurement Services shall be responsible for approving all
amendments for Maricopa County.
10.22
ADDITIONS/DELETIONS OF REQUIREMENTS
The County reserves the right to add and/or delete materials and services to a contract. If
a service requirement is deleted, payment to the Contractor will be reduced proportionately,
to the amount of service reduced in accordance with the bid price. If additional materials
or services are required from a contract, prices for such additions will be negotiated
between the Contractor and the County.
10.23
RIGHTS IN DATA
10.23.1 The County shall have the use of data and reports resulting from a contract without
additional cost or other restriction except as may be established by law or
applicable regulation. Each party shall supply to the other party, upon request, any
available information that is relevant to a contract and to the performance
thereunder.
10.23.2 Data, records, reports, and all other information generated for the County by a third
party as the result of a contract are the property of the County and shall be provided
in a format designated by the County or shall be and remain accessible to the
County into perpetuity.
10.24
ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW
10.24.1 In accordance with Section MC1-374 of the Maricopa County Procurement Code,
the Contractor agrees to retain (physical or digital copies of) all books, records,
accounts, statements, reports, files, and other records and back-up documentation
relevant to this contract for six years after final payment or until after the resolution
of any audit questions, which could be more than six years, whichever is longest.
The County, Federal or State auditors and any other persons duly authorized by
the department shall have full access to and the right to examine, copy, and make
use of, any and all said materials.
10.24.2 If the Contractor’s books, records, accounts, statements, reports, files, and other
records and back-up documentation relevant to this contract are not sufficient to
support and document that requested services were provided, the Contractor shall
reimburse Maricopa County for the services not so adequately supported and
documented.
10.25
AUDIT DISALLOWANCES
If at any time it is determined by the County that a cost for which payment has been made
is a disallowed cost, the County shall notify the Contractor in writing of the disallowance.
The course of action to address the disallowance shall be at sole discretion of the County,
and may include either an adjustment to future invoices, request for credit, request for a
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check, or a deduction from current invoices submitted by the Contractor equal to the
amount of the disallowance, or to require reimbursement forthwith of the disallowed amount
by the Contractor by issuing a check payable to Maricopa County.
10.26
STRICT COMPLIANCE
Acceptance by County of a performance that is not in strict compliance with the terms of
the contract shall not be deemed to be a waiver of strict compliance with respect to all other
terms of the contract.
10.27
VALIDITY
The invalidity, in whole or in part, of any provision of this contract shall not void or affect
the validity of any other provision of the contract.
10.28
SEVERABILITY
The removal, in whole or in part, of any provision of this contract shall not void or affect the
validity of any other provision of this contract.
10.29
RELATIONSHIPS
10.29.1 In the performance of the services described herein, the Contractor shall act solely
as an independent Contractor, and nothing herein or implied herein shall at any
time be construed as to create the relationship of employer and employee, co-
employee, partnership, principal and agent, or joint venture between the County
and the Contractor.
10.29.2 The County reserves the right of final approval on proposed staff. Also, upon
request by the County, the Contractor will be required to remove any employees
working on County projects and substitute personnel based on the discretion of
the County within two business days, unless previously approved by the County.
10.30
NON-DISCRIMINATION
Contractor agrees to comply with all provisions and requirements of Arizona Executive
Order 2009-09, including flow down of all provisions and requirements to any
subcontractors. Executive Order 2009-09 supersedes Executive Order 99-4 and amends
Executive Order 75-5 and is hereby incorporated into this contract as if set forth in full
herein. During the performance of this contract, Contractor shall not discriminate against
any employee, client, or any other individual in any way because of that person’s age, race,
creed, color, religion, sex, disability, or national origin. (Arizona Executive Order 2009-09
can
be
downloaded
from
the
Arizona
Memory
Project
at
http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1.)
10.31
WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01
If vendor engages in for-profit activity and has 10 or more employees, and if this agreement
has a value of $100,000 or more, vendor certifies it is not currently engaged in, and agrees
for the duration of this agreement to not engage in, a boycott of goods or services from
Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a
regulation issued pursuant to 50 U.S.C. § 4842.
10.32
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
10.32.1 The undersigned (authorized official signing on behalf of the Contractor) certifies
to the best of his or her knowledge and belief that the Contractor, its current
officers, and directors:
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10.32.1.1 are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from being awarded any
contract or grant by any United States department or agency or any
state, or local jurisdiction;
10.32.1.2 have not within a three-year period preceding this contract:
10.32.1.2.1
been convicted of fraud or any criminal offense in
connection with obtaining, attempting to obtain, or as the
result of performing a government entity (Federal, State or
local) transaction or contract; or
10.32.1.2.2
been convicted of violation of any Federal or State antitrust
statutes or conviction for embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property regarding a
government entity transaction or contract;
10.32.1.3 are not presently indicted or criminally charged by a government entity
(Federal, State or local) with commission of any criminal offenses in
connection with obtaining, attempting to obtain, or as the result of
performing a government entity public (Federal, State or local)
transaction or contract;
10.32.1.4 are not presently facing any civil charges from any governmental entity
regarding obtaining, attempting to obtain, or from performing any
governmental entity contract or other transaction; and
10.32.1.5 have not within a three-year period preceding this contract had any
public transaction (Federal, State or local) terminated for cause or
default.
10.32.2 If any of the above circumstances described in the paragraph are applicable to
the entity submitting a bid for this requirement, include with your bid an
explanation of the matter including any final resolution.
10.32.3 The Contractor shall include, without modification, this clause in all lower tier
covered transactions (i.e. transactions with subcontractors or sub-subcontractors)
and in all solicitations for lower tier covered transactions related to this contract.
If this clause is applicable to a subcontractor or sub-subcontractor, the Contractor
shall include the information required by this clause with their bid.
10.33
VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS
10.33.1 By entering into the contract, the Contractor warrants compliance with the
Immigration and Nationality Act (INA using E-Verify) and all other Federal
immigration laws and regulations related to the immigration status of its employees
and A.R.S. § 23-214(A). The Contractor shall obtain statements from its
subcontractors certifying compliance and shall furnish the statements to the
procurement officer upon request. These warranties shall remain in effect through
the term of the contract. The Contractor and its subcontractors shall also maintain
Employment Eligibility Verification forms (I-9) as required by the Immigration Reform
and Control Act of 1986, as amended from time to time, for all employees performing
work under the contract and verify employee compliance using the E-Verify system
and shall keep a record of the verification for the duration of the employee’s
employment or at least three years, whichever is longer. I-9 forms are available for
download at www.uscis.gov.
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10.33.2 The County retains the legal right to inspect documents of Contractor and
subcontractor employees performing work under this contract to verify compliance
with paragraph 10.33.1 of this section. Contractor and subcontractor shall be given
reasonable notice of the County’s intent to inspect and shall make the documents
available at the time and date specified. Should the County suspect or find that the
Contractor or any of its subcontractors are not in compliance, the County will
consider this a material breach of the contract and may pursue any and all remedies
allowed by law, including, but not limited to: suspension of work, termination of the
contract for default, and suspension and/or debarment of the Contractor. All costs
necessary to verify compliance are the responsibility of the Contractor.
10.34
CONTRACTOR LICENSE REQUIREMENT
10.34.1 The Contractor shall procure all permits, insurance, and licenses, and pay the
charges and fees necessary and incidental to the lawful conduct of his/her
business, and as necessary complete any requirements, by any and all
governmental or non-governmental entities as mandated to maintain compliance
with and remain in good standing. The Contractor shall keep fully informed of
existing and future trade or industry requirements, and Federal, State, and local
laws, ordinances, and regulations which in any manner affect the fulfillment of a
contract and shall comply with the same. Contractor shall immediately notify both
Office of Procurement Services and the department of any and all changes
concerning permits, insurance, or licenses.
10.35
INFLUENCE
10.35.1 As prescribed in MC1-1203 of the Maricopa County Procurement Code, any effort
to influence an employee or agent to breach the Maricopa County Ethical Code of
Conduct or any ethical conduct, may be grounds for disbarment or suspension
under MC1-902.
10.35.2 An attempt to influence includes, but is not limited to:
10.35.2.1 A person offering or providing a gratuity, gift, tip, present, donation,
money, entertainment or educational passes or tickets, or any type of
valuable contribution or subsidy that is offered or given with the intent to
influence a decision, obtain a contract, garner favorable treatment, or
gain favorable consideration of any kind.
10.35.3 If a person attempts to influence any employee or agent of Maricopa County, the
chief procurement officer, or his designee, reserves the right to seek any remedy
provided by the Maricopa County Procurement Code, any remedy in equity or in
the law, or any remedy provided by this contract.
10.36
CONFIDENTIAL INFORMATION
10.36.1 Any information obtained in the course of performing this contract may include
information that is proprietary or confidential to the County. This provision
establishes the Contractor’s obligation regarding such information.
10.36.2 The Contractor shall establish and maintain procedures and controls that are
adequate to assure that no information contained in its records and/or obtained
from the County or from others in carrying out its functions (services) under the
contract shall be used by or disclosed by it, its agents, officers, or employees,
except as required to efficiently perform duties under the contract. The Contractor’s
procedures and controls, at a minimum, must be the same procedures and controls
it uses to protect its own proprietary or confidential information. If, at any time
during the duration of the contract, the County determines that the procedures and
controls in place are not adequate, the Contractor shall institute any new and/or
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additional measures requested by the County within 15 business days of the
written request to do so.
10.36.3 Any requests to the Contractor for County proprietary or confidential information
shall be referred to the County for review and approval, prior to any dissemination.
10.37
PUBLIC RECORDS
Under Arizona law, all offers submitted and opened are public records and must be
retained by the County at the Maricopa County Office of Procurement Services. Offers shall
be open to public inspection and copying after contract award and execution, except for
such offers or sections thereof determined to contain proprietary or confidential information
by the Office of Procurement Services. If an offeror believes that information in its offer or
any resulting contract should not be released in response to a public record request, under
Arizona law, the offeror shall indicate the specific information deemed confidential or
proprietary and submit a statement with its offer detailing the reasons that the information
should not be disclosed. Such reasons shall include the specific harm or prejudice which
may arise from disclosure. The records manager of the Office of Procurement Services
shall determine whether the identified information is confidential pursuant to the Maricopa
County Procurement Code.
10.38
INTEGRATION
This contract represents the entire and integrated agreement between the parties and
supersedes
all
prior
negotiations,
proposals,
communications,
understandings,
representations, or agreements, whether oral or written, expressed, or implied.
10.39
UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this contract, the Contractor agrees to comply with all applicable provisions
of
Title
2,
Subtitle
A,
Chapter
II,
Part
200—UNIFORM
ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS contained in Title 2 C.F.R. § 200 et seq.
10.40
GOVERNING LAW
This contract shall be governed by the laws of the State of Arizona. Venue for any actions
or lawsuits involving this contract will be in Maricopa County Superior Court, Phoenix,
Arizona.
10.41
PRICES
Contractor warrants that prices extended to County under this contract are no higher than
those paid by any other customer for these or similar services.
10.42
ORDER OF PRECEDENCE
In the event of a conflict in the provisions of this contract and Contractor’s license
agreement, if applicable, the terms of this contract shall prevail.
10.43
INCORPORATION OF DOCUMENTS
10.43.1 The following are to be attached to and made part of this Contract:
10.43.1.1 Exhibit A – Vendor Information and Pricing
10.43.1.2 Exhibit B – Scope of Work
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10.43.1.3 Exhibit B-1, Vendor Narrative
10.44
NOTICES
All notices given pursuant to the terms of this contract shall be addressed to:
For County:
Maricopa County
Office of Procurement Services
160 S. 4th Avenue
Phoenix, Arizona 85003-1647
For Contractor:
PTPN of Arizona
Ms. Helene Fearon
7000 N. 16th Street, Box 512
Phoenix, AZ 85020
10.45
INQUIRIES
10.45.1 Administrative telephone/email inquiries shall be addressed to:
ANDREA STUPKA, PROCUREMENT OFFICER
TELEPHONE: (602) 506-3504
Andrea.Stupka@maricopa.gov
10.45.2 Inquiries may be submitted by telephone but must be followed up in writing. No
oral communication is binding on Maricopa County.
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EXHIBIT A
VENDOR INFORMATION AND PRICING
COMPANY NAME:
Arizona Therapy Providers, LTD
DOING BUSINESS AS (dba):
PTPN
MAILING ADDRESS:
7000 N. 16th Street, Box 512, Phoenix, AZ 85020
REMIT TO ADDRESS:
7000 N. 16th Street, Box 512, Phoenix, AZ 85020
TELPHONE NUMBER:
602-482-1331
FAX NUMBER:
602-482-1311
WWW ADDRESS:
www.ptpn.com
REPRESENTATIVE NAME:
Dawn Ripa
REPRESENTATIVE TELEPHONE NUMBER:
602-482-1331
REPRESENTATIVE EMAIL ADDRESS
dawn@ptpnaz.com
PAYMENT TERMS:
NET 30 DAYS
1.0 PRICING:
RESPONSE
1.3 Physical Therapy Service Network
1.3.1 Discount percentage off of ICA fee schedule
46
%
1.3.1.1 Cost per session
$0
1.3.1.1.1 Define how long a typical session is:
1 hour
1.3.2 Utilization review cost
$-No Cost
1.3.3 Discount percent off for specialized services (Functional Capacity Evaluation
(FCE), onsite visits, or other by reports services, etc.)
46
%
1.3.4 Administrative fees
$-No Cost
1.3.4.1 Explain if fee is per claim, referral or other
n/a
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
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EXHIBIT B
SCOPE OF WORK
1.0
INTENT
Maricopa County is a self-insured and self-administered government entity providing Workers
Compensation coverage to more than 14,000 employees, and processing approximately $6.5M in
medical payments annually. The intent is to identify a contractor(s) for the purpose of providing the
following:
A Physical Therapy Service Network (PTSN) provider to provide a network of physical
therapy service providers on an as needed basis for Maricopa County employees on
workers’ compensation.
Maricopa County (County) reserves the right to award this contract to multiple vendors. The County
reserves the right to award in whole or in part, by item or group of items, by section or geographic
area, or make multiple awards, where such action serves the County’s best interest.
Other governmental entities under agreement with Maricopa County (County) may have access to
services provided hereunder (see also Section 7.0 and 8.0 above).
The County reserves the right to add additional contractors, at the County’s sole discretion, in cases
where the currently listed contractors are of an insufficient number or skill-set to satisfy the County’s
needs.
Once the contract has been awarded, the existing contracts for the individual scopes of work will
be terminated. This contract will take precedence over any existing contract.
2.0
SCOPE OF WORK
2.1
Minimum Requirements for Physical Therapy Provider Network (PTSN)
It is the expectation that the Contractor shall be able to provide Preferred Physical
Therapy Networks within the State of Arizona.
2.1.1
The following shall be expected of the Contractor:
2.1.1.1
Communication
2.1.1.1.1
Maricopa County and the employee’s physician must be
regularly informed by the contractor on the employee’s
current status to prevent unnecessary treatments and to
keep the focus on work-specific goals.
2.1.1.2
Work-Centered Focus
2.1.1.2.1
The rehabilitation process shall utilize tasks that simulate
the job and specific work terms rather than measurements
which focus on range of motion or strength.
2.1.1.3
Personnel
2.1.1.3.1
Licensed physical therapists shall have a minimum of five
years of experience in occupational rehab.
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2.1.1.4
Unsupervised Physical Therapy
2.1.1.4.1
Maricopa County is interested in potential savings that
could be achieved through the option of utilizing customized
home exercise programs, when medically appropriate,
during and after formal rehab.
2.1.1.5
Flexibility in Payment Structure
2.1.1.5.1
Pricing must comply with the current ICA Fee Schedule.
Some examples are price per unit (CPT Codes 97001,
97002, 97010, 97110, 97112, 97140, 97035, 97530, 97545,
97014), a “day” rate which would include all evaluations,
procedures and modalities in one day, or a firm-fixed price
for all care required per diagnosis.
2.1.1.6
Monthly Reports and Annual Program Reviews
2.1.1.6.1
Monthly reports shall be received by Risk Management by
the fifth day of the following month.
2.1.1.6.2
Annual program reviews shall be received within 30 days of
the effective date for each year of the contract beginning
after the first year.
2.1.1.7
Physical Therapy care granted and authorized will be exclusive to the
contractor with the following exceptions:
2.1.1.7.1
In rare cases when a specialist requests a specific therapist
or regimen.
2.1.1.7.2
If an employee lives outside of the reasonable service area
and needs therapy on a frequent basis, physical therapy
services may be used from a closer provider for
convenience and to reduce mileage and over-time
expenses.
2.1.1.8
With regard to billing, contractor shall invoice the County after applying
the fee schedule adopted by the ICA for Physical Medicine and network
discounts. NO bills shall come directly from the therapist/clinics. All bills
MUST go through the Physical Therapy Services Network for utilization
review and be re-priced to the fully discounted charges before
submitting to the County for payment.
2.1.1.8.1
Invoices must be submitted within 30 days of date of
service.
2.1.1.9
The following relates to contractor’s commitment of providing support
personnel and general onsite educational assistance throughout the
term of the contract:
2.1.1.9.1
The contractor shall provide Maricopa County with a
dedicated local account manager, who will be the point of
contact for Maricopa County.
2.1.1.9.1.1
The local contractor account manager shall
correspond with Maricopa County’s Risk
Management
Workers’
Compensation
department regarding service issues through
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the County’s contact relationship manager
case documentation system.
2.1.1.9.1.2
The contractor’s account manager shall
attend
the
County’s
quarterly
service
meetings.
2.1.1.9.2
Contractor’s physical therapy account manager shall work
with
the
County’s
Risk
Management
Workers’
Compensation Department to ensure the County’s reporting
needs are being met. This will include, but is not limited to,
standard management reports, provider profiling and
analysis (e.g., identifying unnecessary treatment), ad hoc
reporting needs, and reporting of cost-controlling methods.
2.1.1.10
Reporting
2.1.1.10.1
Contractor shall report number and dollar amount of claims
processed each month on a summary and detail level by
plan and account structure. Report shall be received by
Risk Management designee by the fifth of the following
month.
2.1.1.10.2
Contractor shall report monthly and year-to-date utilization
reports’ totals of top 10 modalities. Report shall be received
by Risk Management designee by the fifth of the following
month.
2.1.1.10.3
Contractor shall provide an annual utilization and trend
report including overall and plan level performance analysis
and recommendations for improvements. Report must also
include analysis of customer complaints and appeals.
Report due to Risk Management designee for fiscal year
end June 30th by July 15th of the following year.
2.1.1.10.4
Contractor shall provide an annual Statement on Auditing
Standards (SAS) 70 Audit Report and other reports
specified as required by the County’s annual internal and/or
external auditor. Report(s) shall be received by Risk
Management designee for fiscal year end June 30th by July
15th of the following fiscal year.
2.1.1.10.5
Contractor shall provide performance guarantee metrics, to
be documented by the Risk Management claims adjuster
and contractor on an annual basis and shall be to Risk
Management by July 15 of the following fiscal year.
2.1.1.11
Customer Service
2.1.1.11.1
The contractor shall provide a dedicated customer service
team available during the hours of 7:00 a.m. MST to 6:00
p.m. MST, Monday through Friday, excluding County
holidays (list of County holidays available upon award).
2.1.2
Implementation Plan
2.1.2.1
Contractor will provide, annually (due by July 15th of each fiscal year), a
detailed implementation plan with mutually agreed upon tasks
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assignments, and any discount percentage offered including any
discount from the current ICA Fee Schedule.
2.1.2.2
Contractor must comply with the most current ICA Physical Therapy Fee
Schedule for Arizona per A.R.S. § 23-908
2.1.3
Network
2.1.3.1
Preferred Network
2.1.3.1.1
Contractor will provide a preferred network of physical
therapy clinics/providers where the County will receive the
greatest discount while fulfilling other County requirements.
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EXHIBIT B-1
VENDOR NARRATIVE
PTSN shall provide a statewide network comprised of full-service therapy facilities that includes but is not
limited to:
i.
Certified Hand Therapists
ii.
Aquatic Therapy
iii.
FCE’s
iv.
Weight Training
ii.
Flexibility Training
iii.
Electrical Stimulation
iv.
Manual Manipulation
v.
Ultrasound/Phonophoresis Treatment
2.3
Minimum Requirements for Physical Therapy Service Network (PTSN)
2.3.1
The following shall be expected of the provider and each requirement must be
addressed in the proposal:
2.3.1.1 Communication
2.3.1.1.1
Maricopa County and the employee’s physician must be
regularly informed by the PTSN on the employee’s current
status to prevent unnecessary treatments and to keep the
focus on work-specific goals.
Status reports, which include the therapist’s recommendations, are provided to the
physician at each office visit (or at least once a week), informing the physician of
the patient’s current progress and/or performance levels.
2.3.1.2 Work-Centered Focus
2.3.1.2.1
A rehabilitation process shall utilize tasks that simulate the job
and specific work terms rather than measurements which focus
on range of motion or strength.
A unique rehabilitation plan is developed for each patient, consisting of specific
goals tailored to their full duty job responsibilities. These goals are designed to
improve strength, range of motion, endurance, balance, perception and/or body
mechanics, and are incorporated into the rehabilitation plan to ensure a safe return
to modified or full duty as soon as possible.
Contractors therapists understand the primary goal is returning the patient to work,
whether to a light duty status or full work. During the initial evaluation, the therapist
identifies the patient’s physical deficits along with limitations and functional
abilities. Once the patient is able to function at a modified duty level, the therapist
shifts the focus to achievement of full duty responsibilities and requirements.
Based upon his or her in-depth evaluation, the therapist identifies the patient
deficiencies requiring rehabilitation and systematically works towards eliminating
those deficiencies.
Contractor is not afraid of utilizing outcome measurements that truly indicate how
well our facilities and patients are performing. Unlike other therapy networks,
contractor uses two unique, quantitative programs to measure therapist and
patient outcomes:
Contractor provides all of these
services in our network.
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1. Therapist Outcomes
The Contractor Rehab Outcomes Index (ROI) is a scientifically validated
third-party system that measures the quality and efficiency of our providers
and our network. It tracks patients’ ability to function, how that ability
improves during treatment and generates predictions for treatment
outcomes based on the nation’s largest database of rehab outcomes. The
system then compares contractor therapists’ performance to these
nationally recognized benchmarks, showing how and where contractor
providers excel.
2. Patient Outcomes
Contractor’s commitment to measuring treatment efficiency and
effectiveness is unique among outpatient rehabilitation networks. The
Contractor Outcomes Program is run by an independent outcomes
measurement database and reporting service, FOTO, to ensure objectivity
and validity. This program, powered by FOTO, is supported by contractor’s
Quality Assurance and Credentialing programs.
Focus On Therapeutic Outcomes, Inc, (FOTO) is the oldest, largest and
most experienced national outcomes database and is THE medical
rehabilitation partner- providing patient evaluation tools and aggregate
data management services that improve stakeholder value and maximize
industry communication on the effectiveness of care. Throughout the
years, FOTO has collected quality outcome data on approximately 2.5
million episodes of care.
Contractor would be happy to supply Maricopa County copies of the Contractor Rehab Outcomes Index
(ROI) and FOTO reports.
Here’s how it works:
Patients complete a short computerized or paper survey at intake indicating how their
condition is affecting their daily functioning.
Using a database of 2.8 million current rehab cases, the system compares that patient to
like patients, based on more than 10 risk-adjustment factors, including age, health status
and acuity. The system then predicts how much functional improvement that patient is
likely to achieve over how many visits. This prediction can be used for utilization
management activities such as case management and authorization review.
The patient takes the functional status survey again at discharge to determine how much
improvement was actually achieved over the course of treatment. This discharge survey
also includes questions that measure overall patient satisfaction. The patient may also take
the survey at points during treatment to measure incremental progress.
Based on the data collected, contractor providers can compare their performance
to national benchmarks.
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Here are some of the ways in which the Contractor Outcomes Program delivers better results than
traditional therapy management methods:
Traditional Methods
Contractor Outcomes Program
Short-term savings via truncated treatment or
inappropriate denial of care.
Long-term savings on the total cost of care via
achievement of optimal patient improvement and
measurement of provider efficiency.
Lack of focus on actual patient needs.
Individualized treatment based on scientifically
validated risk adjustment.
Potential for re-injury or prolonged illness (and
associated medical costs and dissatisfaction) due to
lack of appropriate care.
Reduced risk of re-injury or prolonged illness.
Patient dissatisfaction with limits on care and less
than optimal outcomes.
Patient satisfaction with positive outcomes and
individualized treatment approach.
Inefficiencies and errors arising from subjective,
arbitrary and/or overly broad treatment guidelines.
Efficiencies and precision obtained by using a
scientifically validated, data-focused and patient
specific therapy management tool.
Providers “gaming the system” to maximize profit
within treatment and reimbursement restrictions.
Providers are accountable for maximizing patient
improvement and cost efficiency.
2.3.1.3 Personnel
2.3.1.3.1
Licensed Physical Therapists shall have a minimum of 5
years of experience in occupational rehab.
All contractor clinics are owned and operated by licensed Physical Therapists
who have 5 years of experience in occupational rehab. Contractor’s
credentialing program exceeds those required by the National Committee for
Quality Assurance (NCQA).The criterion used in our credentialing process
assesses whether a therapist and therapy practice meet national and contractor
standards. Through contractor’s independent reviewer, credentialing and Quality
Assurance Committee, providers are monitored for practice patterns, treatment
methods, utilization, results and documentation. Case management is provided
by experienced rehabilitation therapists (a complete protocol for contractor’s
credentialing and quality assurance program is available for review).
Contractor’s credentialing guidelines for therapist/assistant-staffing ratios are
more stringent than the State of Arizona’s statutory requirements.
2.3.1.4 Unsupervised Physical Therapy
2.3.1.4.1
Maricopa County is interested in potential savings that could
be achieved through the option of utilizing customized home
exercise programs when medically appropriate during and
post formal rehab.
Contractor will place emphasis and recommend customized home exercise
programs when medically appropriate during and post formal rehab.
SERIAL 200167-RFP
2.3.1.5 Flexibility in Payment Structure
2.3.1.5.1
Pricing must comply with the ICA Fee Schedule. Some
examples are price per unit (CPT Codes 97001, 97002, 97010,
97110, 97112, 97140, 97035, 97530, 97545, 97014) a “day”
rate which would include all evaluations, procedures and
modalities in one day or a firm-fixed price for all care required
per diagnosis.
Contractor will comply with the Industrial Commission of Arizona Fee (ICA)
Schedule which include all evaluations, procedures and modalities in one day or
a firm-fixed price for all care required per diagnosis.
2.3.1.6 Monthly reports and annual program reviews.
2.3.1.6.1
Monthly reports shall be received by Risk Management by the
fifth day of the following month.
Contractor will provide Contractor Rehab Outcomes Index (ROI) and FOTO
reports on the fifth day of the following month.
2.3.1.6.2
Annual program reviews shall be received within 30 calendar
days of the effective date for each year of the contract
beginning after the first year.
Contractor will provide annual program reviews within 30 calendar days of the
effective date for each year of the contract beginning after the first year.
2.3.1.7 Physical Therapy care granted and authorized will be exclusive to the
awarded provider with the following exceptions:
2.3.1.7.1
In rare cases when a specialist requests a specific therapist or
regimen.
2.3.1.7.2
If an employee lives outside of the reasonable service area and
needs therapy on a frequent basis, physical therapy services
may be used from a closer provider for convenience and to
reduce mileage and over-time expenses.
Contractor acknowledges and will comply with this section.
2.3.1.8 The following company information for physical therapy services is
requested to be included in the proposal:
2.3.1.8.1
Average discount per procedure code per visit – Contractor
offers 46%
2.3.1.8.2
Average number of modalities per visit – Modalities 1; units 4
Average visits per case – 7.1 average visits per case,
including surgical
2.3.1.8.3
Average number of re-evaluations per case (specify for the
most common types of injuries) - Lumbar strain, knee sprain,
ankle sprain, cervical sprain, shoulder sprain; hand and elbow
sprain- 70% of PTPN re-evaluations are not billed. The
approximate number of total re-evaluations billed for
Maricopa in 2019 was 94.
2.3.1.8.4
List of Specialized Therapy Services i.e. FCE’s, Aquatic
Therapy, Certified Hand Therapist
SERIAL 200167-RFP
Contractor will include all items 2.3.1.8.1 through 2.3.1.8.5 pursuant to
Attachment D and BidSync.
2.3.1.9 With regard to billing, PTSN shall invoice the County after applying the
fee schedule adopted by the ICA for Physical Medicine and network
discounts. NO bills shall come directly from the therapists/clinics. All
bills MUST go through the Physical Therapy Services Network for
utilization review and be re-priced to the fully discounted charges before
submitting to the County for payment.
2.3.1.9.1
Invoices must be submitted within 30 calendar days of date of
service.
Contractor will have centralized billing through the Contractor’s Executive Office.
2.3.1.10
The following relates to PTSN’s commitment of providing support
personnel and general onsite educational assistance throughout the
term of the contact.
2.3.1.10.1 The contractor shall provide Maricopa County with a dedicated
PTSN account manager, who will be the point of contact for
Maricopa County.
Dawn Ripa will be the dedicated Account Manager for Maricopa County.
2.3.1.10.2 The local PTSN account manager shall correspond with
Maricopa County’s Risk Management Workers’ Compensation
department regarding service issues through the County’s
contact relationship manager case documentation system.
Dawn Ripa, Account Manager, will correspond with the department on service
issues through the County’s contact relationship manager case documentation
system.
2.3.1.10.1.2 The PTSN account manager shall attend the
County’s quarterly service meetings.
Dawn Ripa, Account Manager, will attend the County’s quarterly service
meetings.
2.3.1.11
Reporting
2.3.1.11.1 PTSN shall report number and dollar amount of claims
processed each month on a summary and detail level by plan
and account structure. Report shall be received by Risk
Management designee by the fifth of the following month.
2.3.1.11.2 PTSN shall report monthly and year-to-date utilization
reports’ totals of top 10 modalities. Report shall be received
by Risk Management designee by the fifth of the following
month.
2.3.1.11.3 PTSN shall provide an annual utilization and trend report
including overall and plan level performance analysis and
recommendations for improvements. Report must also
include analysis of customer complaints and appeals. Report
due to Risk Management designee for fiscal year end June
30th by July 15th of the following year.
SERIAL 200167-RFP
2.3.1.11.4 PTSN shall provide an annual Statement on Auditing
Standards (SAS) 70 Audit Report and other reports, as
required by the County’s annual internal and/or external
auditor. Report(s) shall be received by Risk Management
designee for fiscal year end June 30th by July 15th of the
following fiscal year.
2.3.1.11.5 PTSN shall provide performance guarantee metrics, to be
documented by the Risk Management claims adjuster and
PTSN on an annual basis and shall be to Risk Management
by July 15 of the following fiscal year.
Contractor agrees to provide all reports outlined in 2.3.1.11.1 through 2.3.1.11.5.
2.3.1.12
Customer Service
2.3.1.12.1 The contractor shall provide a dedicated PTSN customer
service team available during the house of 7:00 a.m. MST to
6:00 p.m. MST, Monday through Friday, excluding County
holidays (list of County holidays available upon award).
Contractor agrees to provide an available customer service team available as
indicated above.
2.3.2
Implementation Plan
2.3.2.1 PTSN will provide annually (due by July 15th of each fiscal year), a detailed
implementation plan with mutually agreed upon tasks, assignments and
any discount percentage offered including any discount from the current
ICA fee schedule.
2.3.2.2 PTSN must comply with the most current ICA Physical Therapy Fee
Schedule per A.R.S. § 23-908.
Contractor will comply with the implementation plan and pricing outlined in
2.3.2.1 and 2.3.2.2
2.3.3
Network
2.3.3.1 Preferred Network
2.3.3.1.1
It is expected that PTSN will propose a preferred network of
Physical Therapy clinics/providers where the County will
receive the greatest discount while fulfilling other County
requirements.
Contractor will comply with 2.3.3.1.1. A list of clinic locations in Maricopa County
is included. If requested, contractor can also supply a statewide list of all
locations within Arizona.
SERIAL 200167-RFP
ARIZONA THERAPY PROVIDERS DBA PTPN, 7000 N 16TH ST BOX 512, PHOENIX, AZ 85020,
PRICING SHEET: NIGP CODES 94620, 27176, 94886
Terms:
NET 30
Vendor Number:
VC0000007995
Certificates of Insurance
Required
Contract Period:
To cover the period ending June 30, 2021.