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

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Appendix M<br />

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

Page 19<br />

appropriate penalty to the area <strong>of</strong> deficiency identified with any individual measure, notwithst<strong>and</strong>ing<br />

the penalties specified in this Appendix.<br />

5.a. Report Periods<br />

Unless otherwise noted, the most recent report or study finalized prior to the end <strong>of</strong> the contract<br />

period will be used in determining the MCP’s performance level for that contract period.<br />

5.b. Monetary Sanctions<br />

Penalties for noncompliance with individual st<strong>and</strong>ards in this appendix will be imposed as the results<br />

are finalized. Penalties for noncompliance with individual st<strong>and</strong>ards for each period <strong>of</strong> compliance,<br />

as determined in this appendix, will not exceed $250,000.<br />

Refundable monetary sanctions will be based on the capitation 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. Any monies<br />

collected through the imposition <strong>of</strong> such a sanction would be returned to the MCP (minus any<br />

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

submitting payment) after they have demonstrated improved performance in accordance with this<br />

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

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

5.c. 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 capitation.<br />

5.d. Enrollment Freezes<br />

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

enrollment freeze.<br />

5.e. 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 />

5.f. Contract Termination, Nonrenewals or Denials<br />

Upon termination, nonrenewal or denial <strong>of</strong> an MCP contract, all monetary sanctions collected under<br />

this appendix will be retained by ODJFS. The at-risk amount paid to the MCP under the current<br />

provider agreement will be returned to ODJFS in accordance with Appendix P, Terminations, <strong>of</strong><br />

the provider agreement.

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