CMS National Background Check Program (NBCP) State of Rhode Island (RI) Technical Assistance (TA) Meeting

Transcription

1 Tuesday, October 16 9:00 a.m. to 5:00 p.m. And Wednesday, October 17, :00 a.m. to 12:00 p.m. RI Office of the Attorney General 150 South Main St. Providence, RI Attendees: Rhode Island Office of the Attorney General (AG) Ed Cabral, Prospective RI NBCP Grantee Manager Chris Cotta, Director of Administration and Finance William Devine, Bureau of Criminal Identification (BCI) Chief Jim Dube, Director, Medicaid Fraud Control and Patient Abuse Unit Omer Frappier, AFIS Operator/Fingerprint Expert William Karalis, BCI Chief Joee Lindbeck, Legislative Liaison Executive Office of Health and Human Services (EOHHS) Colleen McCarthy, Legal Office Elena Nicolella, Medicaid Director Ralph Racca, Administrator, Division of Health Care Quality, Financing, and Purchasing Diane Taft, OCP Department of Health (DOH) Bob Childs, Department of Information Technology (IT) Bruce McIntyre, Program Monitoring Mike Simoli, Licensing Jennifer Sternick, Senior Legal Council Michael Varadian, Executive Director of Health, Environmental and Health Services Regulations, Department of Behavioral Healthcare, Developmental Disabilities and Hospitals (BHDDH) Department of Human Services (DHS) Catherine Taylor, DCA The Alliance (State Ombudsman s Office) Donna Lonschein 1

2 Hewlett Packard (State Fiscal Agent) Vivian Cardoza Nicole Nelson Susan Taylor NBCP CMS National Background Check Program (NBCP) CMS Beverly Kercz, Regional Project Officer (PO) CNA Ernest Baumann, Project Director, TA Contract Elizabeth Williams, State Liaison to RI Beth Myers, IT Team Meeting Documents Agenda RI background check legislation (Sub A) RI AFIS Step by Step Discussion Items: Topic: Meeting Purpose and Proposed Outcomes. Information: It was noted that RI is now in the last year (Year 3) of its NBCP grant; no further extensions are possible. The grant end date is 9/29/2013. Information: Although the State has not yet passed enabling legislation, it cannot wait for passage and or until the end of the 2013 RI legislative session to begin implementation. In order to achieve the goals outlined in the grant workplan, implementation must begin immediately. Information: CNA has been asked by the State to provide TA to assist with the implementation. CNA outlined the type and extent of the human and other resource commitments that the State will need to agree to in order for TA to be provided. Toward that end, CNA indicated that the individuals invited to the meeting are considered stakeholders and their participation in this process will be important in the program implementation process. Information: Jim Dube pointed out that if the State does not implement the NBCP using grant funds, it may eventually have to absorb the cost of doing so if national background checks on direct patient access employees in long term care (LTC) settings becomes Federal law. Topic: Electronic Background Check Dashboard Information: CNA provided a demonstration of the electronic background check system dashboard developed for another grantee State. Information: CNA discussed what could be developed and put in production before the enabling legislation is passed. 2 phases are suggested: Beta/Pilot of Phase 1 (no 2

3 fingerprinting included) with a select group of providers and full implementation with all provider types and all functionality. Information: The RI AG s office stated that system would be housed at their office and no State IT approval would be needed. Interface development would be required for DHS registries. Information: Interfaces: fingerprints taken, fingerprints rejected, criminal history, rap back (unenrollment from rap back). The RI AG s office indicated that because of a provider s ability to waive ineligibles, no one will be removed for rap back. Information: CNA asked who would make fitness determinations, manage the program and manage the appeals process. The group agreed that the RIAG s office would make the fitness determinations and the program and appeals process will be managed by EOHHS. Information: RI indicated that employers will be responsible to denote an employee termination date within the system. CNA indicated that the system will know when the employee was last screened and will alert the provider when an applicant needs to be rescreened. Action: CNA will send a copy of the background system architecture to RI. Action: EOHHS needs to identify subgroup and persons to manage provider users, enforcement, and the appeals process. Topic: Registries Information: All licensing is within DOH and is available online. Information: All the facilities that RI wants in their dashboard need to be identified and either pulled in or manually entered. Action: RI needs to determine the registries to be included in its electronic background checking dashboard and send this information to CNA. Action: RI needs to determine the source of data on providers to be included in its electronic background checking dashboard and send this information to CNA. Topic: Fingerprint Retention Information: The current draft of the background check bill (Sub A) provides for fingerprint retention. Currently the State does not have authority to retain civilian fingerprints. Authority will be needed for the purposes of rap back. Topic: Rap back Information: The group discussed the preparation that will be needed for rap back: assignment of a State Identification Number (SID) or something like a SID. The Transaction Control Number (TCN) becomes the unique identifier for a set of fingerprints. (NOTE: TCN numbers are also used for a name-based search when fingerprints are rejected). Returned results: TCN/Hit-NoHit-Reject/Applicant SID. SIDS are generated automatically (applicant or criminal) and will stay the same. Information: Timeframe for rescreens: 3 years. The State asked how do they address the issue of someone leaving the State and then returning to work before the 3 years is up? CNA indicated that some States have a grace period of days, after which reprinting is necessary. 3

4 Topic: Legislation Information: The group reviewed a copy of the current Sub A and discussed the reasons the legislation did not pass in the previous 2 legislative sessions. Joee indicated that the provider types listed in the current Sub A did not cover the entire provider types listed in the Affordable Care Act (ACA), Section This change was made in part because of opposition from BHDDH specific to recovered former drug addicts providing counseling and other services in residential treatment centers. Information: CNA indicated that these types of providers/facilities do not fall under the provider types listed in the ACA, 6201, thus, it shouldn t be a problem. Information: The RI AG s office indicated that felony drug convictions are not expungeable offenses in RI and can never be removed from a convicted person s criminal history record information record (CHRI). Thus, such individuals would be found ineligible to work as a direct patient access employee in a LTC setting. Information: The AG s office indicated that it will allow the provider to make the final hire/no hire decision. In cases where an applicant is deemed ineligible by the fitness determination agency, and the provider still elects to hire the applicant, they will be solely responsible/liable for the decision to hire. A record of the ineligible finding will be kept in the background checking system. Topic: Grant Program Management Information: CNA indicated that States with successful grant programs have hired a day to day project/program manager. It is especially helpful if that individual has an IT background and has a familiarity with the State agencies/stakeholders and policies. Information: Elena indicated that HP, EOHHS s fiscal agent, is probably not needed for the grant management moving forward. CNA agreed that the management should be done in house, including the quarterly reporting. Information: The RI AG s office plans to hire Jim Cabral for this role. CNA indicated that Jim needs to be on board as quickly as possible in order to facilitate the gathering of information needed to start the development process for the RI background checking system. Information: Jim asked if CNA could provide him with a workplan for the development of the RI background check dashboard. He will back this into an overall workplan for all tasks. Information: CNA indicated that once Jim s contract is in place, we should establish weekly project status calls to track milestone deliverable progress, and discuss issues and risks. Action: The RI AG s office will work toward getting a contract in place with Jim Cabral. Action: The RI AG s office will take ownership of the NBCP grant quarterly reports and any other program management functions being conducted by HP. Action: CNA will provide Jim with a workplan. Action: CNA will work with Jim to establish weekly project status calls. 4

5 Topic: Statewide LiveScan Vendor Information: The RI AG s office plans to move toward outsourcing Live Scan applicant/civilian fingerprinting. Information: The RI AG s office will need to develop specifications for the procurement of the services, including identifying a fee structure Information: Current applicant fingerprinting fee is $35.00; balance after payment to FBI is used for to maintain RI s CCH and latent fingerprint infrastructure. The State makes no money on fingerprinting. Information: RI will need a clear understanding of the proposed cost model. CNA suggests that it work to evaluate the current fee structure and identify a new fee structure under the proposed program, also considering rap back. Information: The RI AG s office indicated that a contract for statewide Live Scan fingerprinting services may be sole sourced to its current vendor, Cogent. Information: CNA provided TA to NM for defining the current and future applicant fingerprint processing environment, including developing specifications for a Request for Proposal (RFP). Action: CNA will provide a copy of NM s RFP to the RI AG s office. Topic: Workplan and Milestones Information: The group identified the major milestones that need to be achieved between now and 9/29/2013. Legislative Milestones: 10/17/12: 1. Begin to develop State agency stakeholder consensus letter (Joee) a. Send to Lt. Gov. s office for review and sign off 2. Get on the Long term care Coordinating Council s next monthly meeting agenda (Joee) 3. Begin to set up a steering committee (Elena and Joee) 12/10/12: 1. Meet with stakeholders in conjunction with meeting (onsite). RI Background Check Dashboard Milestones: 10/25/12 List of functions to be assigned (roles and responsibilities) (CNA) 11/01/12 Diagrams available on current vs. future FP & CCH processing (RI PM) 11/15/12 Agency letter signed to support legislation (RI LL) 12/01/12 Agreement on registries and roles/responsibilities (RI various, doc by PM) 12/01/12 Stakeholder and steering groups established and convene (RI LL) 12/10/12 Requirements & integration site visit (CNA, RI PM, RI EOHHS, RI OAG) 12/24/12 Requirements & integration specs delivered for review 01/15/13 RFPs issued for FP vendor, CCH, AFIS 5

6 01/15/13 Requirements & integration specs agreed 03/01/13 Agreements in place with FP, AFIS, and CCH vendors 03/15/13 Integration meetings and plans with vendors 03/31/13 Customization of dashboard initial delivery and install on test environment 05/15/13 User testing and corrections complete (no integration) 06/30/13 Legislative session ends 08/01/13 FP Vendor and interfaces complete 08/01/13 Any CCH modifications for interfaces complete for integration 09/01/13 Final Integration testing complete 09/10/13 Training of providers (and AG/HHS staff) 09/30/13 Grant over Statewide live 6