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Regional Generic Provider Agreement - Ohio Department of Job and ...

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Appendix L<br />

Covered Families <strong>and</strong> Children (CFC) population<br />

Page 16<br />

Penalties for noncompliance with st<strong>and</strong>ards outlined in this appendix, including monetary sanctions,<br />

will be imposed as the results are finalized. With the exception <strong>of</strong> Sections 1.a.i., 1.a.iii., 1.a.v.,<br />

1.a.vi., <strong>and</strong> 1.b.ii, no monetary sanctions described in this appendix will be imposed if the MCP is in<br />

its first contract year <strong>of</strong> Medicaid program participation. Notwithst<strong>and</strong>ing the penalties specified in<br />

this Appendix, ODJFS reserves the right to apply the most appropriate penalty to the area <strong>of</strong><br />

deficiency identified when an MCP is determined to be noncompliant with a st<strong>and</strong>ard. Monetary<br />

penalties for noncompliance with any individual measure, as determined in this appendix, shall not<br />

exceed $300,000 during each evaluation period.<br />

Refundable monetary sanctions will be based on the premium payment in the month <strong>of</strong> the cited<br />

deficiency <strong>and</strong> due within 30 days <strong>of</strong> notification by ODJFS to the MCP <strong>of</strong> the amount.<br />

Any monies collected through the imposition <strong>of</strong> such a sanction will be returned to the MCP (minus<br />

any applicable collection fees owed to the Attorney General’s Office, if the MCP has been<br />

delinquent in submitting payment) after the MCP has demonstrated full compliance with the<br />

particular program requirement <strong>and</strong> the violations/deficiencies are resolved to the satisfaction <strong>of</strong><br />

ODJFS. If an MCP does not comply within two years <strong>of</strong> the date <strong>of</strong> notification <strong>of</strong> noncompliance,<br />

then the monies will not be refunded.<br />

6.b. Combined Remedies<br />

If ODJFS determines that one systemic problem is responsible for multiple deficiencies, ODJFS may<br />

impose a combined remedy which will address all areas <strong>of</strong> deficient performance. The total fines<br />

assessed in any one month will not exceed 15% <strong>of</strong> the MCP’s monthly premium payment.<br />

6.c. Membership Freezes<br />

MCPs found to have a pattern <strong>of</strong> repeated or ongoing noncompliance may be subject to a<br />

membership freeze.<br />

6.d. Reconsideration<br />

Requests for reconsideration <strong>of</strong> monetary sanctions <strong>and</strong> enrollment freezes may be submitted as<br />

provided in Appendix N, Compliance Assessment System.<br />

6.e. Contract Termination, Nonrenewals, or Denials<br />

Upon termination either by the MCP or ODJFS, nonrenewal, or denial <strong>of</strong> an MCP provider<br />

agreement, all previously collected refundable monetary sanctions will be retained by ODJFS.

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