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(RFP) for Recovery Audit Contractor (RAC) - Texas Health and ...

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the overpayments recovered or the underpayments discovered <strong>and</strong> paid to determine<br />

the contingency fee payable by HHSC to the <strong>RAC</strong> <strong>for</strong> that specific improper payment<br />

audit.<br />

The second payment methodology listed, “Blended Rate”, is defined as a single<br />

contingency percentage that will be applied to all reviews regardless of the audit result<br />

(overpayment or underpayment) or the level of difficulty of the review (automated or<br />

complex). This percentage will be applied to the total overpayments recovered <strong>and</strong> the<br />

underpayments discovered <strong>and</strong> paid to determine the contingency fee payable by HHSC<br />

to the <strong>RAC</strong> <strong>for</strong> all applicable improper payment audits.<br />

The third payment methodology, “Tiered”, provides numerous possible contingency<br />

percentages that each take into consideration a specific audit result (overpayment or<br />

underpayment), level of difficulty of the review (automated or complex), <strong>and</strong> the dollar<br />

value of the recovery audit under review. Based on these three variables, the<br />

appropriate contingency percentage will be located on the fee table provided by the<br />

<strong>RAC</strong>. This percentage will be applied to the overpayments recovered or the<br />

underpayments discovered <strong>and</strong> paid to determine the contingency fee payable by HHSC<br />

to the <strong>RAC</strong> <strong>for</strong> that specific improper payment audit.<br />

Based on the contingency fee percentage(s) proposed by the <strong>RAC</strong> <strong>and</strong> accepted by HHSC,<br />

HHSC will calculate the payment due the <strong>RAC</strong> <strong>and</strong> will remit to the <strong>RAC</strong> on a monthly basis.<br />

If the provider refuses to pay, collection will be h<strong>and</strong>led through the HHSC collections process,<br />

which can include using legal means to collect the overpayment. The <strong>RAC</strong> will not be paid until<br />

actual funds are collected.<br />

6.3.2 Fixed Fees<br />

The <strong>RAC</strong>’s compensation <strong>for</strong> other audit services related to fraud investigations <strong>and</strong> program<br />

integrity ef<strong>for</strong>ts will be based on Fixed Fees mutually agreed upon by HHSC <strong>and</strong> the <strong>RAC</strong>. The<br />

Fixed Fees will be based on individual Fixed Fee Rates included in the Contract <strong>and</strong> the level of<br />

ef<strong>for</strong>t to per<strong>for</strong>m a specific audit, other audit services related to fraud investigations or program<br />

integrity ef<strong>for</strong>ts, or any other service provided by the <strong>RAC</strong> that would not be appropriate to<br />

utilize a contingency fee to compensate the <strong>RAC</strong> <strong>for</strong> those specific services rendered.<br />

In its separate sealed Cost Proposal (see Section 3.15.10), the respondent should include the<br />

proposed individual Fixed Fee Rates that would be utilized during the initial 12 month<br />

operational period of a resulting contract. For subsequent contract years (12 month Operational<br />

periods) <strong>and</strong> any applicable Operational period less than 12 months, the Fixed Fees will be<br />

determined by the application of a fixed annual inflator/deflator proposed by the respondent <strong>and</strong><br />

subject to approval <strong>and</strong> acceptance by HHSC. In its separate sealed Cost Proposal, the<br />

respondent should also provide examples of fixed fee rates received <strong>for</strong> fraud-related audit<br />

services per<strong>for</strong>med under other similar contracts.<br />

The respondent must submit one or more monthly invoice(s) following the month in which the<br />

respondent provides the required services. HHSC will process <strong>and</strong> pay Fixed Fee invoices in<br />

accordance with Chapter 2251, <strong>Texas</strong> Government Code. Invoices must be submitted by the<br />

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