1 Erie County Medical Center Corporation RFP # Addendum Number 1 Erie County Medical Center Corporation Addendum Number 1 to RFP # SALE OF DELINQUENT ACCOUNTS RECEIVABLE The deadline for submission of proposals has been extended to: Thursday, November 20, 2014 at 2 p.m. EST. The following questions were submitted to the Designated Contact: 1. What does the 8 million consist of? For example, co pays, emergency, inpatient outpatient? The $8 million includes all of the above, as well as clinics and ancillary accounts. 2. What is the average balance of the accounts / number of accounts total? The average balance is $250. The number of accounts has not yet been determined. 3. Can we see a masked version of the file? ECMCC cannot provide this at this time. 4. What is the standard of HIPAA training? Is it someone comes in or does there have to be a HIPAA trainer continuously on site? No, there does not need to be a HIPAA trainer on site. All employees working accounts should be trained on HIPPA protocols and abide by rules. 5. This contract reads as if the collection has to purchase the debt not a debt holding company placing it. Can common owner of debt holding company put the debt in their agency? RFP s are not contracts, but requests for proposals from respondents. This RFP is designed for the sole purpose of selling the outstanding accounts receivable. The mechanics and structure of the sale are not of concern. The ultimate outcome it to sell the outstanding balance on the list of older accounts receivables. 6. It appears to me that this contract is based off of a previous contingency placement contract and rearranged to support a portfolio purchase. As such things like #6 may or may not be necessary and that this is not a placement, but a purchase. Just wondering if there were clauses that don't necessarily apply? For instance Art. VIII Section Insurance
2 does not specify what kind of insurance and this may be a clause relevant to contingency placement and not purchase but need clarification. Again, RFP s are not a contract, but a request for proposals. This is a purchase of outstanding accounts receivable balances. Further details will be discussed upon receipt of bid and scheduled conference call. 7. Page 3, IV., Scope of Services / Specifications, B General Contract Terms, 1 Does ECMC intend to sell subsequent portions of AR or is this a one-time purchase of AR? ECMCC has not yet determined whether this will be a one-time purchase. 8. Has ECMC ever sold AR in the past? If so, when? 9. Scope of work Can ECMC provide a breakdown of the $8,000,000 AR a. Can you segregation AR via account type (In /Out patient / ER) b. Are these accounts in paying disposition (payment arrangements or are these accounts deemed uncollectable? c. What type of work efforts have been completed on this AR? i. When was the last work activity completed on this AR? d. Can you quantify the # of accts? e. Aging report i. 4-5 years ii. 5-6 years iii. 6 years Yes, this information will be provided once the contract is awarded. 10. Statute of Limitations is six years in the State of NY. Is it ECMCC s intentions to include AR aged > 7 years as part of this sell? 11. What is the historical liquidity of this AR? This information will be provided at a later time. 12. Will ECMC provide collection notes on accounts? This will be determined at a later time. 13. Will ECMC allow contractor access to their system to conduct their due diligence / AR evaluation? 14. Has ECMC assessed interest on these accounts? If so, can you segregate interest from account balance? 15. In order to complete our due diligence can ECMC provide the following data elements: a. Name / address / social security # / phone # s b. Dates of Service
3 c. Registration forms signed by patient d. Initial bill date for self-pay responsibility e. Charge-off date f. Original charge-off amount g. Post Charge-off interest balance h. Last payment date i. Last payment amount j. YTD # of payments k. YTD payments l. Initial bill date ECMCC will provide as much of this information as possible to the successful respondent upon contracting. However it cannot of course provide any of this information at this time. 16. Can Contractor provide two pricing schedules: a. #1 Recourse b. #2 Non-Recourse Yes, that would be acceptable. 17. Does ECMC intend to provide a sample contract that would apply to this sale? Or Does ECMC expect to utilize vendor s contract? The successful respondent will be asked to provide an agreement to ECMCC for review. However, ECMCC will utilize its own business associate agreement. 18. Are M/WBE requirements applicable to this RFP? Exhibit A to the RFP incorrectly states the MWBE goal applicable to the RFP is 20% (see later amendments to the RFP). This RFP is not subject to MWBE goals, although MWBE participation is strongly encouraged. 19. Is all the debt for patients residing in NY State? Or Does the AR include out of state and/or out of country patients? a. If so can you quantify states / countries and the corresponding # of accounts and associated $ value. Debt may include out of state and country. ECMCC cannot provide further data however at this time. 20. ECMCC is selling a section of its older delinquent accounts ($8 million). I see that you state you will enter into a contract for four years with selected vendor. How much will you be selling ($) each year and how often (yearly, bi-yearly, quarterly)? The amount and frequency of additional receivable sales is not known at this time. This amount will vary depending on the volume and condition of the accounts. 21. How many vendors have you sent the RFP? Can you name them? The RFP is published on the NYS Contract Reporter and on the ECMCC website available for anyone to download the RFP documents. Therefore, it is unknown how many vendors have downloaded and received this RFP.
4 22. RFP requires contractor to provided audited financials for the previous two years because we are purchasing accounts and not working them on a contingency basis, our financials are proprietary information. Is there something else that will suffice? This was included in error. Per amendment 4 to this RFP, Sections IV.A.3 and Section VII.A (Section 6), requiring the submission of audited financial statements, are removed. Respondents are not obligated to provide audited financial statements with their responses. 23. RFP requires contractor to provide a fee structure for the purchase in order to provide any offer or price, we will need to receive a complete patient data file. Will we receive a file prior to bidding (by next week to meet your deadlines)? I ve attached our file layout (specs). Patient data will not be released at this time. However, please be aware that on average the balance of accounts to be sold equals $8,000,000 with the average individual account balance of $ How much do you write off to bad debt each fiscal year? ECMCC will not be releasing this information at this time. 25. How many primary collection agencies do you presently utilize? Do you use any secondary agencies? ECMCC utilizes two primary and two secondary agencies at this time. 26. Part of our analysis entails reviewing actuary reports from each of your agencies (primary, secondary, etc.). These reports are also sometimes referred to as stair- step or batchtrack reports and illustrate recoveries by placement month. Can you please send us these reports electronically and we will need the last two years of history. ECMCC is not able to provide the information at this time. 27. If ECMC is selling the accounts, then isn't the bidder only submitting a purchase price - not an all inclusive fee? Yes, the all-inclusive fee stated in the RFP needs only to include the total purchase price that Contractor would pay for the delinquent accounts. 28. Is this strictly an RFP to bid on up to $8 million of four to seven year-old delinquent accounts or is it also an RFP to bid on more current delinquent accounts not necessarily named in the RFP? This is for aged accounts only. 29. Is ECMCC looking to both liquidate this four to seven year-old debt AND have an agency to collect on more current accounts? No, this RFP is just to liquidate old debt. 30. If so, should bids be presented as a monetary offer for the four to seven year-old debt as well as a percentage offer for current delinquent accounts that would be actively worked
5 by the collection agency? And if so, would current delinquent accounts also be subject to the same. If not, what is the fee structure referred to in Section 3 (VII.A)? This RFP is for a purchase of aged accounts only. 31. Are winning bidders allowed to sell any uncollected debt they have purchased after the initial two (2) year term? ECMCC cannot advise on this at this time, but will review and discuss internally with legal council. ECMCC will advise once bids are received and conference calls are scheduled. 32. Is a statement including how we comply sufficient or is our full HIPAA Compliance Plan required? A full HIPAA compliance plan is required. 33. Is a full list of all clients sufficient or must only health care facilities be included? Please include health care facilities and others as well. 34. What are the required insurance specifications and/or where can a bidding company find the ECMCC Standard Insurance Certificate conformities? Please see attached. 35. Are you all looking for an early out agency to complete an AR cleanup or are you looking for a collections agency to handle these accounts? No, ECMCC is seeking a vendor to purchase aged / closed bad debt accounts. 36. Is this a legacy type situation where you all have switched vendors leaving old accounts with previous vendor and are unattainable?
6 MIMIMUM INSURANCE REQUIREMENTS FOR VENDORS & CONTRACTORS WORKERS COMPENSATION Limits NYS Statutory Limits $1,000,000 Employers Liability COMMERCIAL GENERAL LIABILITY Coverage must be provided on an Occurrence Form Limits $1,000,000 Bodily Injury and Property Damage Each Occurrence $2,000,000 Products-Completed Operations Aggregate $2,000,000 General Aggregate $1,000,000 Personal and Advertising Injury $50,000 Fire Damage $5,000 Medical Payments COMPREHENSIVE AUTOMOBILE LIABILITY Limits Coverage $1,000,000 Bodily Injury and Property Damage Combined Single Limit All Owned, Non-owned and Hired Autos UMBRELLA (Follow Form) Limits $5,000,000 Each Occurrence $5,000,000 Aggregate $10,000 Retention
7 CONTACT LANGUAGE SHOULD CONTAIN THE FOLLOWING PROVISIONS; ADDITIONAL INSURED Erie County Medical Center Corporation is named as an Additional Insured on a Direct, Primary and Non-Contributory Basis under the General Liability, Automobile, Workers Compensation and Umbrella Policies. Contractor will also provide a hold harmless and waiver of subrogation in favor of Erie County Medical Center Corporation. Limits may be satisfied through underlying and excess umbrella policies. Cancellation: All policies must contain a provision that a thirty day written notice will be provided for cancellation, non-renewal or material change. Before work commences, a Certificate of Insurance must be issued to Erie County Medical Center Corporation which certifies all of the coverage, limits, additional insured and cancellation provisions referred to above. When endorsements are issued to said policies, contractor will provide a copy to Erie County Medical Center Corporation The following hold harmless agreement and a waiver of subrogation must also be completed and forwarded to Erie County Medical Center Corporation HOLD HARMLESS AGREEMENT To the fullest extent permitted by law, the Vendor/Contractor will indemnify and hold harmless and provide a waiver of subrogation to Erie County Medical Center Corporation, their agents and employees from and against all claims, damages, losses and expenses including attorney s fees arising out of or resulting from the performance of the work, provided that such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting there from, and (b) is caused in whole or in part by any negligent or willful act or omission of the Contractor, its Subcontractor, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. Agreed to and Accepted by: Vendor/ Contractor By Name and Title Date