This page pulls together answers to frequently asked questions for providers who are looking to apply to be part of North Yorkshire County Council's Approved Provider Lists
There is a separate FAQ page for providers who have already submitted an application.
Process
If I am on the previous APL list (2016-2022), do I still have to apply to be on the new APL list effective 1st November 2022?
In order to continue accepting new packages of care and Individual Service Contracts from 1st November, you will need to apply to join the new APL.
Do we get a second chance to apply if the first is rejected?
Providers will be able to reapply, however they may need to wait until the Council evaluate new applications; see below.
What is the latest date to apply to the new APLs?
Applications to the APL will remain open; however, the Council will only evaluate applications every three months unless in exceptional circumstances such as in the event of market failure or insufficient capacity in the market. We therefore encourage you to apply at your earliest convenience.
How many providers are NYCC looking for on the new APL?
The Council is not defining a set number of providers to join the APLs.
How will NYCC award the contracts?
An Agreement will be entered into with providers who meet the minimum thresholds, including quality and price, for approval onto the APLs. This does not guarantee business to the provider.
Individual Service Contracts are then entered into for individual packages of care in line with a person’s assessment. Individual Service Contracts are entered into using the Council’s Brokerage Process (in largely the same way as currently on the current APL). The Council’s Brokerage Process identifies the lowest costs support package available at the time of sourcing that can safely meet the person’s assessed needs.
Is it only CQC registered providers that will be approved onto the lists?
Providers delivering regulated services must be CQC registered to be approved onto the relevant APL. The APLs also include some non-regulated services, for which providers do not need to be CQC registered, however, will still be required to complete the quality assessment as part of the application.
If I want to apply for more than one Approved Provider List (APL) will I need to submit multiple applications?
No, NYCC have reduced duplication where possible so the general requirements will be submitted once but requirements specific to the list will need to be done for each application.
If we apply to the APLs , but then develop new services in the future, would we need to apply again to the APL?
Yes, if you develop new services, you will be required to apply to have those services added on to the APL. There will be a simplified process for this if you have existing services approved on the APL.
If I submit a rate over 10% of the average rate provided will I be disqualified?
The Approved Provider List, Appendix 2 - Price document requires, providers of Home Based Support and Supported Living Services to provide their organisations hourly rate for the service by locality and rates provided must be sub-divisible by 4. The 2021/2022 locality average rates are provided in the table for reference. The 2021/2022 rates were provided as a guide in the Price document, as this is the last full year of costs to refer back to and the financial approvals and governance in relation to the Approved Provider List were completed prior to the introduction of the 2022/2023 inflation award on 4th April 2022.
Each provider is able to submit rates it considers appropriate, which for most organisations will consider a range of factors including but not limited to; commerciality and sustainability over the term of the Approved Provider List. Subject to an application which satisfactorily meets all of the required criteria, the Council will automatically accept rates which fall within 10% of the 2021/2022 locality averages. For rates above 10% of the locality average, the provider must provide the rationale for the hourly rate submitted as defined within Appendix 2. The Council will complete an assessment of the rate in relation to market forces and ensuring value for money, prior to acceptance of the rate. The Council may contact the Provider to understand the rationale for the rate. Subject to an application which satisfactorily meets all of the required criteria and clear understanding of the rates supplied, this would not prevent a provider from being accepted onto the Approved Provider List.
Providers should be aware when submitting their rates, in accordance with Appendix 4 - Brokerage Process that the Council identifies packages of care on a best value/best match basis, meaning that the Brokerage team assesses the lowest costed support package/placement available at the time of sourcing that safely meets the person’s assessed needs. Therefore, a higher rate may influence the number of packages which may be offered.
For queries in relation to the Fair Cost of Care, please refer to the relevant FAQ.
Contractual
We are currently supporting people on Individual Service Contracts under the current Approved Provider Lists. What happens to these ISCs after 31st October?
Current Individual Service Contracts under the existing PPA will remain in place under previous terms until such time a person is reassessed and there is a change in need. At this point a new ISC will be issued under the new APL.
Will providers who are first on the APL have a better chance of winning the contracts?
For all providers accepted onto the new APLs by 1st November, the Council’s Brokerage Process will be used to source packages of care. The Council’s Brokerage Process identifies the lowest cost support package available at the time of sourcing that can safely meet the person’s assessed needs. For Residential and Nursing Care, those providers accepting the Actual Cost of Care rates will be approached prior to a provider with a price set above the ACOC
How long will the APLs be in place for?
The initial contract term will be for five years; until 31st October 2027. There are provisions to extend for 2 x 12 months.
When new contracts are sent out following approval onto the new APL(s), will this be a digital version to sign rather than paper versions?
The Authority has invested in the system Signing Hub which enables us to issue contracts electronically for signatures. If you are successfully appointed you will be sent the contract documentation electronically. This will not involve any additional cost to your organisation or require the installation of any software, and it will save postage costs and reduce any time delays.
Will existing services be affected if a provider is unsuccessful in the re-tender?
If unsuccessful in the re-tender your legacy packages and current packages of care would remain in place for the period of the respective ISC and under the terms and conditions of the current PPA.
The provider would, however, be unable to accept any new packages of care and/or new ISCs from 1st November 2022.
Can providers not registered with CQC ‘convey adults to appointments’?
Providers are required to ensure they are registered with CQC if they are delivering regulated activity as defined by the CQC.
Scope of registration: Regulated activities | CQC Public Website
Will there be a standard annual inflationary increase?
The inflation terms are set out within the List Specific Terms of the Agreement.
Will providers be able to update rates and/or their service offer throughout the lifetime of the APL?
If providers develop new services, you will be required to apply to have those services added on to the APL and submit a rate for the new service in line with the costing model and payment terms for that APL. There will be a simplified process for this if you have existing services approved on the APL.
For existing services, providers are required to submit sustainable rates for services for the duration of the APL. Providers will need to follow the Council’s Sustainability Process to request a change in accepted rates.
Service Specific-- Residential and Nursing Care
Will NYCC be setting the fee rates for residential placements or will providers be able to submit costs?
Providers will submit their own costs as part of the application process. Where costs are above Actual Cost of Care (where applicable), or higher than 10% of the stated locality average rates, providers will need to provide a rationale for their rates which will be assessed as part of the application, prior to approval on the list.
Will the Actual Cost Of Care be the base line for all the new contracts?
The Actual Cost of Care applies to residential and nursing services for people over 65 years. Where ACOC applies, providers accepting the ACOC rate will be prioritised through the Council’s Brokerage Process.
Where providers do not accept ACOC, or ACOC does not apply, providers will be required to submit a rationale for their rate, and the Council will complete an assessment of the rate in relation to market forces and ensuring value for money prior to acceptance of the rate.
Does this APL include residential services outside of North Yorkshire where places are currently spot purchased by North Yorkshire County Council?
Yes. Any out of county providers will need to apply to join the new APLs in order to accept new placements from 1st November 2022. The Council will not enter into any spot purchasing arrangements outside of the APLs.
In our care home, NYCC funds people above their normal rates. If they will not in the future, will those people have to leave our care home?
Existing packages of care under current ISCs will remain under the terms of the current PPA for the duration of the current ISC. The terms of the existing PPA will apply until there is a re-assessment or review of the person’s needs, and a new ISC is issued.
Is there a costing model for residential & nursing care services for people under 65 where the ACOC doesn’t apply?
For residential & nursing care services where ACOC does not apply, providers are required to submit a weekly rate for delivery of the direct care hours set out by ACOC within their service(s). Providers will need to provide a breakdown and rationale for this rate as part of their application.
Service Specific-- Home-Based Support
The Fair Cost of Care for home care does not come in until April 2023. How will this be implemented if providers have already submitted rates to the new APL to commence on 1st November?
The Fair Cost of Care exercise is currently in progress. Until the process has been completed the Council is unable to identify what the outcome shall be, however, following completion of the process, the Council shall consider any impact to the home based support locality average prices and where appropriate liaise with the care market and implement any necessary changes.
Can you apply for more than one but not all service areas under the Home Based Support list; for example, Practical Support and Non-Regulated Sitting Services only?
Yes.
The costs to run a regulated service can be more than non-regulated services. Will these differences be taken into account?
Yes. The pricing submission within the application pack will allow providers to submit different, urban, rural and super rural hourly rates for each locality they operate and for each of the service types that they provide. Personal Care is further broken down into the sub categories of: generic regulated domcare and intensive/enhanced regulated domcare.
Will complex care have a set definition?
Yes. The Home Based Support Service Specification clearly defines complex services under the heading of “intensive/enhanced services”. A full definition in contained within the Home Based Support service specification.
How do providers know if they are in a super rural area?
Maps are provided as part of the application pack available on Yor Tender. The Maps define the Urban, Rural and Super Rural areas.
How can providers find out more information on Fair Cost of Care and how this is to be calculated?
Information in relation to Fair Cost of Care is contained within the FAQs, Volume 4 Price document and Volume 6 Contract Conditions document.
The Fair Cost of Care exercise is currently in progress. Until the process has been completed the Council is unable to identify what the outcome shall be, however, following completion of the process, the Council shall consider any impact to the home-based support locality average prices and where appropriate liaise with the care market and implement any necessary changes.
What is meant by Intensive/Enhanced Support (under the Home Based Support and/or Supported Living APL)?
The definition of Intensive/Enhanced Support is provided in the Home Based Support and Supported Living Service Specifications. It defines the needs of the people whom may require Intensive/Enhanced Support.
Enhanced/Intensive support needs to be available to people who have:
- A learning disability; and/or
- Autism; or
- In the absence of a confirmed diagnosis of either a learning disability or autism, evidence that on the balance of probability such a condition may be present
And:
- Who present behaviour of a nature or complexity and/or with a degree of associated concern, that requires more than primary preventative strategies; and
- Where the risk of harm, exclusion or exposure to aversive contingencies is such that it requires an intensity of case working (including assessment and treatment) that exceeds the capacity of other community teams/services (either alone or in isolation, specialist or generic/mainstream); or
- Where the individual requires advance clinical/case management skills that are similarly not available within other community teams/services
Providers submitted an Intensive/Enhanced Rate must be able to make support available to people meeting the above definition. Support provided may be delivered as part of a holistic package of care that is delivered by a range of statutory and non-statutory organisations/teams. Providers are not required to deliver care outside of their CQC registration.
Service Specific-- Supported Living
Is there new APL for Supported Living from 1st November 2022?
Yes.
Why has the Council decided to separate Supported Living from generic domiciliary care?
Experience from previous commissioning arrangements has been that there are a number of factors which are specific to Supported Living services, outside of other Domiciliary Care provision. This includes how the services are costed, arrangements/agreements with housing providers, shared care support and guidance specific to Supported Living from organisations such as the CQC.
Having a separate list allows commissioning arrangements to be tailored specifically towards Supported Living.
There is no registration category of Supported Living with CQC. How will this affect providers who want to apply for the APL?
The Supported Living provider list is open to providers who are registered with CQC to provide regulated activity within people's homes, and also to other support providers who do not provide regulated activity, but provide a service within a Supported Living setting.
The CQC register services by regulated activities, not service type. Although information about service types can be given as useful information, this is why there is no Supported Living registration category. If regulated activity is to be provided by a provider on the APL, the provider must have an appropriate CQC registration. Further information can be found on the CQC website.
What is the working definition NYCC is using to determine what is supported living?
Supported Living is a ‘housing with care and support’ model. There are different definitions nationally as to what constitutes as Supported Living.
In North Yorkshire (for the purposes of this document) Supported Living is defined as a home of your own that you are supported to live in. It must contain both of the following elements:
• Housing-related support including living skills and help to maintain a tenancy and;
• A care and support team who are available for a substantial amount of time to help people to live independently and meet eligible care and support needs.
The housing can be a single property with one or more bedrooms, or a number of properties which are together as part of a wider complex (for example, a block of apartments). The properties are often specially adapted for those living there and are protected for those who have care and support needs. It can be people living alone, or sharing a home with others who have similar support needs.
The people living there are living in a home of their own and will have a signed legal agreement (typically a tenancy agreement) with the organisation who runs the property. The organisation providing Care and Support will be different to the Housing provider.
Supported Living should be available and flexible to respond to a wide range of care and support needs. This is irrespective of the label of any particular diagnosis, but responsive to how individuals can be best supported to live in a home of their own.
Can you please tell us what the standard rates are for Supported Living?
The average countywide rates are included in the procurement documents.
Will the share of the sleep-in hours be paid for along with the care hours?
Yes, the void clauses relate to the shared elements of care.
Will Extra Care services will fall under Supported Living please?
No. Care delivered within Extra Care services will be commissioned through the Home Based Support APL.
Does the application to the Supported Living APL depend on our CQC registration? Can we apply to the Supported Living APL if registered under homecare?
No. Applications to the Supported Living Approved Provider List can be made regardless of CQC registration. The provider, however, must have appropriate registration for any regulated activity that is to take place with the individual(s) they are supporting.
What is meant by Intensive/Enhanced Support (under the Home Based Support and/or Supported Living APL)?
The definition of Intensive/Enhanced Support is provided in the Home Based Support and Supported Living Service Specifications. It defines the needs of the people whom may require Intensive/Enhanced Support.
Enhanced/Intensive support needs to be available to people who have:
- A learning disability; and/or
- Autism; or
- In the absence of a confirmed diagnosis of either a learning disability or autism, evidence that on the balance of probability such a condition may be present
And:
- Who present behaviour of a nature or complexity and/or with a degree of associated concern, that requires more than primary preventative strategies; and
- Where the risk of harm, exclusion or exposure to aversive contingencies is such that it requires an intensity of case working (including assessment and treatment) that exceeds the capacity of other community teams/services (either alone or in isolation, specialist or generic/mainstream); or
- Where the individual requires advance clinical/case management skills that are similarly not available within other community teams/services
Providers submitted an Intensive/Enhanced Rate must be able to make support available to people meeting the above definition. Support provided may be delivered as part of a holistic package of care that is delivered by a range of statutory and non-statutory organisations/teams. Providers are not required to deliver care outside of their CQC registration.
Service-Specific-- Community-Based Support
Is there a standard day service charge or will providers need to submit a rate for services?
There will not be a standard charge. Providers will be required to submit an hourly rate for each of their services as part of their application. If providers deliver more than one service, they will be able to submit more than one rate. Providers will be required to provide a breakdown of their rate(s).
Can day services be based at a hub or building as well as in the community, and will the cost cover a base?
Yes. Day services can be based at a hub and/or in the community. Different delivery models are described within the Community Based Support Service Specification. The hourly rate submitted by providers as part of the application will need to incorporate the cost for a base, where applicable. Providers will be required to provide a breakdown of their rate(s).
How will the costing work for voluntary sector organisations. We usually apply for grants or block contracts not in hourly rates?
Providers will need to work out a sustainable hourly rate(s) for their services, and submit this as part of their application to the APL. Providers will also be required to submit a breakdown of the hourly rate(s) submitted.
How do we know what the current average hourly rate is for Community Based Support?
There is no fair and transparent way of calculating the current average hourly rate for Community Based Support. Providers will therefore need to work out a sustainable hourly rate(s) for their services, and submit this as part of their application to the APL. Providers will also be required to submit a breakdown of the hourly rate(s) submitted.
If hourly rates are the new norm for Community Based Support services, will providers be able to set a minimum number of hours for provision?
Yes.
Questions relating to VAT structures
Is the VAT registration compulsory for all Providers?
VAT restructuring is NOT compulsory; it is an option for providers should they wish to take this up.
Can you specify what the management fee would be?
Whilst the council is not in a position to provide a definitive fee, we can assure Providers that the fee will only represent the reasonable costs and expenses of the Council arising from the implementation, contract management, oversight and/or termination of the Alternative Structure. These expenses include, but are not limited to: internal and external legal costs and/or accountancy costs or other professional advisory fees.
Details about the management fee can be found in Clause 64 of the contract.
The councils states that Providers must outline the benefit of the alternative status to service users. Why is this?
The Council requires assurance that the benefits of the VAT position will be have a direct benefit to the services being delivered and ultimately therefore to the people in receipt of the service.
Can Providers who do not accept the ACOC rate request an alternative VAT structure?
Providers who are applying to be on the Approved Provider List can only request an alternative VAT structure if they accept the Actual Cost of Care rate. If an organisation is applying and is subject to charging VAT they will be automatically disqualified from joining the list if they do not accept the Actual Cost of Care rate.
The reason for this requirement is because the Council has a statutory obligation to manage the market. As part of the market management the Council has a duty to ensure equal and fair access to social care services, whilst having due regard to cost-effectiveness and value for money.
Details of the above are outlined in the procurement documents, Volume 4-Price, paragraph 1.11.
Generic
Where can I go for support?
Go4Growth are providing a wide range of process-related support, including how-to videos, webinars, drop-in sessions and bookable 1-1 sessions. Details can be found here
Any clarification questions should be submitted through YorTender.
Providers are also welcome to ask questions at weekly Care Connected sessions.
The Independent Care Group is also happy to talk to providers who have questions they do not feel they can ask Go4Growth or NYCC Procurement.
What is the definition of ‘organisations that you rely on?
An organisation you depend on to meet the selection criteria.
What happens if they we go over a word count or page count limits?
NYCC will disregard anything over the limits.
What is the definition of a SME?
The UK government definition of SMEs encompasses micro (less than 10 employees and an annual turnover under €2 million), small (less than 50 employees and an annual turnover under €10 million) and medium-sized (less than 250 employees and an annual turnover under €50 million) businesses.
What is a PSC (person with significant control)?
People with significant control (PSCs) - GOV.UK (www.gov.uk)
What are mandatory & discretionary exclusions?
What is the definition of commercially sensitive (for Freedom of Information purposes)?
Definition - Information that, if disclosed, could prejudice a supplier's commercial interests e.g. trade secrets, profit margins or new ideas. Information is exempt if its disclosure under FOIA would, or would be likely to, prejudice commercial interests
Are there plans to repeat the service specific webinars?
There are no plans for a repeat of the webinars however recordings of all sessions can be found via the Go4Growth Youtube channel https://www.youtube.com/channel/UCrxyN1Vx2169p2KzsoP2XMA
