Regional Generic Provider Agreement - Ohio Department of Job and ...
Regional Generic Provider Agreement - Ohio Department of Job and ...
Regional Generic Provider Agreement - Ohio Department of Job and ...
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Appendix N<br />
Covered Families <strong>and</strong> Children (CFC) population<br />
Page 2<br />
suspend any further new member selections.<br />
H. For purposes <strong>of</strong> the CAS, the date that ODJFS first becomes aware <strong>of</strong> an MCP’s<br />
program violation is considered the date on which the violation occurred. Therefore,<br />
program violations that technically reflect noncompliance from the previous compliance<br />
term will be subject to remedial action under CAS at the time that ODJFS first becomes<br />
aware <strong>of</strong> this noncompliance.<br />
I. In cases where an MCP contracted healthcare provider is found to have violated a<br />
program requirement (e.g., failing to provide adequate contract termination notice,<br />
marketing to potential members, inappropriate member billing, etc.), ODJFS will not<br />
assess points if: (1) the MCP can document that they provided sufficient<br />
notification/education to providers <strong>of</strong> applicable program requirements <strong>and</strong> prohibited<br />
activities; <strong>and</strong> (2) the MCP takes immediate <strong>and</strong> appropriate action to correct the problem<br />
<strong>and</strong> to ensure that it does not happen again to the satisfaction <strong>of</strong> ODJFS. Repeated<br />
incidents will be reviewed to determine if the MCP has a systemic problem in this area,<br />
<strong>and</strong> if so, sanctions/remedial actions may be assessed, as determined by ODJFS.<br />
J. All notices <strong>of</strong> noncompliance will be issued in writing via email <strong>and</strong> facsimile to the<br />
identified MCP contact.<br />
II. Types <strong>of</strong> Sanctions/Remedial Actions<br />
ODJFS may impose the following types <strong>of</strong> sanctions/remedial actions, including, but not<br />
limited to, the items listed below. The following are examples <strong>of</strong> program violations <strong>and</strong><br />
their related penalties. This list is not all inclusive. As with any instance <strong>of</strong><br />
noncompliance, ODJFS retains the right to use their sole discretion to determine the most<br />
appropriate penalty based on the severity <strong>of</strong> the <strong>of</strong>fense, pattern <strong>of</strong> repeated<br />
noncompliance, <strong>and</strong> number <strong>of</strong> consumers affected. Additionally, if an MCP has<br />
received any previous written correspondence regarding their duties <strong>and</strong> obligations<br />
under OAC rule or the <strong>Agreement</strong>, such notice may be taken into consideration when<br />
determining penalties <strong>and</strong>/or remedial actions.<br />
A. Corrective Action Plans (CAPs) – A CAP is a structured activity/process implemented<br />
by the MCP to improve identified operational deficiencies.<br />
MCPs may be required to develop CAPs for any instance <strong>of</strong> noncompliance, <strong>and</strong> CAPs<br />
are not limited to actions taken in this Appendix. All CAPs requiring ongoing activity on<br />
the part <strong>of</strong> an MCP to ensure their compliance with a program requirement remain in<br />
effect for twenty-four months.<br />
In situations where ODJFS has already determined the specific action which must be<br />
implemented by the MCP or if the MCP has failed to submit a CAP, ODJFS may require<br />
the MCP to comply with an ODJFS-developed or “directed” CAP.