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e-CFR Data is current as of February 4, 2010
TITLE 42--Public Health
CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES
SUBCHAPTER C--MEDICAL ASSISTANCE PROGRAMS
PART 438--MANAGED CARE
Subpart A--GENERAL PROVISIONS
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| Provisions that apply to PIHPs and PAHPs. |
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| Information requirements. |
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| Provider discrimination prohibited. |
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Subpart B--STATE RESPONSIBILITIES
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| Choice of MCOs, PIHPs, PAHPs, and PCCMs. |
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| Disenrollment: Requirements and limitations. |
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| Conflict of interest safeguards. |
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| Limit on payment to other providers. |
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Subpart C--ENROLLEE RIGHTS AND PROTECTIONS
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| Provider-enrollee communications. |
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| Emergency and poststabilization services. |
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Subpart D--QUALITY ASSESSMENT AND PERFORMANCE IMPROVEMENT
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| Elements of State quality strategies. |
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| Availability of services. |
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| Assurances of adequate capacity and services. |
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| Coordination and continuity of care. |
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| Coverage and authorization of services. |
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| Enrollment and disenrollment. |
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| Subcontractual relationships and delegation. |
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| Quality assessment and performance improvement program. |
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| Health information systems. |
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Subpart E--EXTERNAL QUALITY REVIEW
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| Basis, scope, and applicability. |
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| External quality review protocols. |
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| Qualifications of external quality review organizations. |
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| Activities related to external quality review. |
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| Nonduplication of mandatory activities. |
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| Exemption from external quality review. |
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| External quality review results. |
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| Federal financial participation. |
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Subpart F--GRIEVANCE SYSTEM
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| Statutory basis and definitions. |
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| Handling of grievances and appeals. |
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| Resolution and notification: Grievances and appeals. |
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| Expedited resolution of appeals. |
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| Information about the grievance system to providers and subcontractors. |
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| Recordkeeping and reporting requirements. |
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| Continuation of benefits while the MCO or PIHP appeal and the State fair hearing are pending. |
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| Effectuation of reversed appeal resolutions. |
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Subpart G--[RESERVED]
Subpart H--CERTIFICATIONS AND PROGRAM INTEGRITY
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| Data that must be certified. |
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| Source, content, and timing of certification. |
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| Program integrity requirements. |
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| Prohibited affiliations with individuals debarred by Federal agencies. |
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Subpart I--SANCTIONS
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| Basis for imposition of sanctions. |
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| Types of intermediate sanctions. |
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| Amounts of civil money penalties. |
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| Special rules for temporary management. |
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| Termination of an MCO or PCCM contract. |
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| Due process: Notice of sanction and pre-termination hearing. |
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| Disenrollment during termination hearing process. |
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| Sanction by CMS: Special rules for MCOs |
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Subpart J--CONDITIONS FOR FEDERAL FINANCIAL PARTICIPATION
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| Expenditures for enrollment broker services. |
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| Costs under risk and nonrisk contracts. |
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