In the event that OMH determines that CONTRACTOR is not performing, or has not performed, its obligations under this Agreement to the State’s satisfaction, as required by Section I (E) of the Agreement, OMH:
a. may, but shall not be obligated to, provide CONTRACTOR with an opportunity to cure the breach and/or to develop and implement a corrective action plan within a designated timeframe. In the event that CONTRACTOR fails to cure the breach and/or to develop and implement a corrective action plan to OMH’s satisfaction within such timeframe, such failure shall itself be deemed a material breach of this Agreement and a legally sufficient basis for termination under Section III (B) of the Agreement; and/or
b. may reduce the term for which the Agreement may be renewed as provided in Paragraph 2 of Section I of Appendix A-1 of the Agreement.
Nothing in this paragraph shall be deemed to be a waiver of any breach of this Agreement or to otherwise affect OMH’s rights to terminate or enforce the Agreement.
Certification of Compliance
For Contractors of Non-Licensed Programs Exhibit A
On behalf of ________________________________ (“CONTRACTOR”), I hereby certify that, as of the date hereof:
CONTRACTOR is in compliance with and current on all programmatic and financial obligations under its agreement with the New York State Office of Mental Health ("OMH"), ____________________ (the “Agreement”).
CONTRACTOR shall remain in compliance with and current on all such obligations. CONTRACTOR agrees that any breach of this Certification may be deemed a breach of
the Agreement and a legally sufficient basis for termination under Section III(B) of the Agreement.
I am fully authorized to make this Certification on behalf of CONTRACTOR. Date: ____________________ ___________________________________ Signature ____________________________________ Printed Name _____________________________________ Title _____________________________________ Name of Contractor OMH Statement
To the best of our knowledge, we are not aware of any material issues regarding Contractor’s performance of its obligations under this contract which would warrant non- renewal of the contract for the recommended term. To the extent that a material issue may exist, OMH has determined that the best interests of the users of the program will be served by continuing the Agreement while providing the Contractor with an opportunity to develop and/or implement a corrective action plan. Where appropriate, the proposed renewal term has been adjusted accordingly.
Date: ___________________ __________________________________________ Signature __________________________________________ Printed Name __________________________________________ Title
Residential Program Rider Residential Capacity
The funding provided in this State Aid Allocation is intended for the operation of adult and children’s community residence residential programs, as they are defined in OMH regulation and Guidelines. The county/direct contractor is funded to operate the following beds:
_____ Supported Housing Beds
_____ Supported - Single Room Occupancy Beds _____ Total – All Supported Housing Beds
_____ Adult Community Residence – Supervised Beds _____ Adult Community Residence – MI-MR Beds
_____ Adult Community Residence – Intensive Supportive Beds _____ Adult Community Residence – Supportive Beds
_____ Children’s Community Residence – Shift Model Beds _____ Children’s Community Residence – Teaching Family Beds _____ Community Residence – Single Room Occupancy Beds _____ Total – All Community Residence Beds
_____ Family Based Treatment Homes
_____ Total – All Family Based Treatment Homes
It is the general policy of the OMH that, statewide, equal access to voluntary-operated residential program admissions be provided to individuals discharged from State hospitals as well as those referred through community referrals. The CONTRACTOR and the OMH State-operated Psychiatric Center have utilized good faith efforts towards entering into Affiliation Agreements, stipulating policy and procedures essential to the accomplishment of the residential program admission goals, and shall continue to utilize such efforts to revise and refine such existing agreements.
Provider agrees to participate in the Single Point of Access established by the county(ies) in which the provider operates residential programs, according to terms established by such county(ies).
The single point of access process is designed to assist counties in managing their most intensive mental health services, primarily housing, assertive community treatment and case management, to facilitate better coordination of services and to provide opportunities for the county to add wraparound services in support of more difficult or tenuous residential placements.
The single point of access process for housing is intended to be a collaborative one in which the county and service providers share responsibility for ensuring that individuals with the greatest need are given priority access to the most appropriate available placements. Providers have the right to make an admissions decision on each referral, based on the
clinical appropriateness of their service for the individual and an assessment of current conditions that might make the placement unsuitable. In turn, counties have the right to monitor admissions by provider, and to take action should a provider show a pattern of inappropriate admissions decisions. Inappropriate decisions would include rejection of entire categories of individuals, and determinations based solely on an individual’s history without consideration of current clinical condition and additional supports that the county can make available.
Assisted Outpatient Treatment Rider
The CONTRACTOR shall establish mechanisms to ensure priority access by individuals referred to the CONTRACTOR who are enrolled in an assisted outpatient treatment program established pursuant to section 9.60 of the Mental Hygiene Law. The CONTRACTOR shall cooperate with the local governmental unit or the commissioner, or their authorized representatives, in ensuring priority access to such individuals, and in the development, review and implementation of treatment plans for such individuals. Any and all related information, reports and data which may be requested by the commissioner or the local governmental unit shall be furnished by the CONTRACTOR. Any requests for clinical records, from persons or entities authorized pursuant to section 33.13 [or 33.16] of the Mental Hygiene law, regarding individuals who are the subject of, or under consideration for, a petition for any order authorizing assisted outpatient treatment shall be given priority attention and responded to without delay.
Community Projects Fund Rider
This rider modifies the Agreement to which it has been affixed.
This Agreement may be made pursuant to an appropriation in an account of the
Community Projects Fund (007) established by Section 99-d of the State Finance Law, as added by Section 261 of Chapter 474 of the Laws of 1996. CONTRACTOR understands and agrees that the state will not be liable for payments pursuant to any contract, grant or agreement made pursuant to an appropriation in any account of this fund if insufficient monies are available for transfer to such account of this fund after required transfers pursuant to Section 99-d(3) of the State Finance Law.