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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 9<br />

If an MCP is found to have not been in compliance with the prompt pay<br />

requirements for any time period for which a report <strong>and</strong> signed attestation have<br />

been submitted representing the MCP as being in compliance, the MCP will be<br />

subject to an enrollment freeze <strong>of</strong> not less than three (3) months duration.<br />

J.6. Noncompliance with Franchise Fee Assessment Requirements - In<br />

accordance with ORC Section 5111.176, <strong>and</strong> in addition to the imposition <strong>of</strong> any<br />

other penalty, occurrence or points under this Appendix, an MCP that does not<br />

pay the franchise permit fee in full by the due date is subject to any or all <strong>of</strong> the<br />

following:<br />

• A monetary penalty in the amount <strong>of</strong> $500 for each day any part <strong>of</strong> the fee<br />

remains unpaid, except the penalty will not exceed an amount equal to 5 %<br />

<strong>of</strong> the total fee that was due for the calendar quarter for which the penalty<br />

was imposed;<br />

• Withholdings from future ODJFS capitation payments. If an MCP fails to<br />

pay the full amount <strong>of</strong> its franchise fee when due, or the full amount <strong>of</strong> the<br />

imposed penalty, ODJFS may withhold an amount equal to the remaining<br />

amount due from any future ODJFS capitation payments. ODJFS will<br />

return all withheld capitation payments when the franchise fee amount has<br />

been paid in full;<br />

• Proposed termination or non-renewal <strong>of</strong> the MCP’s Medicaid provider<br />

agreement may occur if the MCP:<br />

a. Fails to pay its franchise permit fee or fails to pay the fee<br />

promptly;<br />

b. Fails to pay a penalty imposed under this Appendix or fails to pay<br />

the penalty promptly;<br />

c. Fails to cooperate with an audit conducted in accordance with<br />

ORC Section 5111.176.<br />

J.7. Noncompliance with Clinical Laboratory Improvement Amendments -<br />

Noncompliance with CLIA requirements as specified by ODJFS will result in the<br />

assessment <strong>of</strong> a nonrefundable $1,000 fine for each violation.<br />

J.8. Noncompliance with Abortion <strong>and</strong> Sterilization Payment - Noncompliance<br />

with abortion <strong>and</strong> sterilization requirements as specified by ODJFS will result in<br />

the assessment <strong>of</strong> a nonrefundable $2,000 fine for each documented violation.<br />

Additionally, MCPs must take all appropriate action to correct each ODJFSdocumented<br />

violation.

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