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DHHS outlines contract-term changes, removes some insurance requirements and adds AI and nondiscrimination clauses
Summary
DHHS contracts staff described a set of amendments that remove certain insurance endorsements and AM Best rating requirements, allow claims-made insurance, and add terms on artificial intelligence, a nondiscrimination clause tied to HB 261, remediation, and DHHS approval before publicizing contracts.
Spencer, a DHHS contracts staff member, told providers the department is updating standard contract language to simplify insurance requirements and add several new provisions. "We're removing the additional insured endorsement requirement," he said, and the department will no longer require insurance to be written on an occurrence form — contractors may now use claims-made insurance. He also said the AM Best rating requirement is being removed.
Spencer said the amendments add a term related to HB 261 and nondiscrimination, a remediation clause, and a requirement that DHHS approve contract publicizing before contractors publicize work. He invited providers with questions to contact his office or the contract analyst who sent their amendment. Several participants raised concerns about receiving older contract language in circulated documents; Spencer acknowledged some amendments were accidentally issued with old text and advised providers to confirm contract language with the sending analyst.
