Situation Report | February 15, 2021
As we reported in a member alert last week, the state Department of Health (DOH) last week announced awardees under the Fiscal Intermediary (FI) Request for Offers (RFO) process. You can read a list of awardees by county here or by awardee here.
Under a process stemming from the 2019-20 state budget, FIs were required to apply, through an RFO, in order to continue providing FI services to individuals in the Consumer Directed Personal Assistance Program (CDPAP). The final award announcement was initially expected over the summer but was delayed multiple times.
Updated Transition Guidance
In last week’s alert to members about this development, we shared a March 2020 DOH guidance that outlines the transfer of services from entities currently providing FI services. Please be advised that DOH has since provided an updated February 11 guidance. Please download this updated transition guidance here.
February 18 Webinar with Michael Weiner
Now that the FI awards have been granted, please join Michael Weiner of Glaser & Weiner, P.C. for a webinar, on February 18, where he will outline critical elements of the anticipated transition process under the new state guidance as well as a review of applicant options, rights, and obligations. All registrations include the live webinar and access to session recordings for 30 days following the live event. Please also use the HCA member promo code HCAMEMBER2021 to receive the member rate.
Debriefing and Protest Procedures
We also remind FIs that the RFO and Guide to Financial Operations include two important procedures for entities seeking more follow-up and possible redress.
Applicants may request a debriefing of their offer, and HCA understands that this debriefing process is available to entities regardless of whether they received an award. The debriefing “will be limited only to the strengths and weaknesses of the offer and will not include any discussion of other offers,” DOH says. Such requests must be received no later than fifteen days from the date of award or non-award announcement. According to the DOH RFO webpage, the contact for debriefings is Michael Lewandowski at the Office of Health Insurance Programs: (518) 473-4657 and OHIPContracts@health.ny.gov.
Unsuccessful applicants who wish to protest the RFO decision should follow the protest procedures established by the Office of the State Comptroller (OSC). These procedures can be found in Chapter XI Section 17 of the Guide to Financial Operations (GFO). The protest must be in writing and filed with the Bureau of Contracts (BOC) “within ten business days of notice of the contract award or if a debriefing has been requested by the interested party, within five business days of the debriefing (whichever is later).” Requests can be made to the Bureau Director of the BOC at email@example.com.
To learn all about these options, please join us for the February 18 webinar.