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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.

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