4864470 Contracting and Procurement, Office of - Notice of Emergency & Proposed Rulemaking - To allow advance payments to contractors for non-emergency transportation services for the District’s Medicaid and Eligible Fee-for-Service recipients

THE OFFICE OF CONTRACTING AND PROCUREMENT

 

  NOTICE OF EMERGENCY AND PROPOSED RULEMAKING

 

The Chief Procurement Officer of the District of Columbia, pursuant to the authority set forth in Section 1106 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-361.06 (2012 Repl.)) (“Act”), hereby gives notice of the adoption, on an emergency basis, of an amendment to Subsection 3205.1 of of the following emergency rules and of the intent to adopt final rulemaking to amend  Chapter 32 (Contract Financing and Funding), of Title 27 (Contracts and Procurement), of the District of Columbia Municipal Regulations (“DCMR”). 

 

This amendment  by addings a new paragraph (p) to Subsection 3205.1, which  to permits the Chief Procurement Officer to authorize advance payments to a provider of non-emergency transportation services for the District’s Medicaid and Eligible Fee-for-Service recipients.

 

The Centers for Medicare and Medicaid Services (“CMS”) fund the District’s contracts to provide non-emergency transportation services to the District’s Medicaid and Eligible Fee-for-Service recipients. CMS’s established policy is to prepay the contractors who provide these services based on established capitation rates. This rulemaking will amend the Contracting and Procurement regulations to allow the District to prepay contractors for non-emergency transportation services in accordance with CMS’s procedures. Adoption of these emergency rules is therefore necessary for the immediate preservation and promotion of public safety and welfare.

 

The emergency rules were adopted March 31, 2014, and became effective on that date. They will remain in effect for up to one hundred twenty (120) days and will expire on July 29, 2014 or upon publication of a Notice of Final Rulemaking in the D.C. Register, whichever occurs first. 

 

The Chief Procurement Officer also gives notice of intent to take final rulemaking action to adopt this amendment in not less than thirty (30) days from the date of publication of this notice in the D.C. Register.

 

Subsection 3205.1 of Chapter 32, CONTRACT FINANCING AND FUNDING, of Title 27, CONTRACTS AND PROCUREMENTS, of the DCMR is amended by adding a new paragraph (p) to section 3205.1 to read as follows:

 

 

(p)        Notwithstanding subparagraphs (a) through (g) above, the contracting officer may authorize advance payments to a responsible contractor who is a provider of non-emergency transportation services to the District’s Medicaid and Eligible Fee-for-Service recipients. The contractor may be paid a prospective capitation rate for each recipient.

 

 

All persons desiring to comment on the subject matter of this proposed rulemaking should submit comments to the Chief Procurement Officer, 441 4^th Street, 700 South, Washington, D.C. 20001.  Comments may be sent by email to [e-mail], by postal mail or hand delivery to the address above, or by calling [phone].  Comments must be received no later than thirty (30) days after the date of publication of this notice in the D.C. Register.  A copy of this proposed rulemaking may be requested at the same address, e-mail, or telephone number as above.