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PARKLAND HEALTHfirst - Parkland Community Health Plan, Inc.

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5. Network providers must report any suspected fraud or abuse including any suspected fraud and abuse<br />

committed by the MCO or a Member to the HHSC Office of Inspector General.<br />

State and Federal False Claims Acts and Whistleblower Protections<br />

<strong>Parkland</strong> <strong>Community</strong> <strong>Health</strong> <strong>Plan</strong> (PCHP) is also responsible for investigating and reporting fraud or abuse<br />

related to the filing of false claims against the United States Government or failure of an MCO to provide<br />

services required under contract with the state of Texas, enrollment/marketing violations or wrongful denials of<br />

claims. This information is detailed in the following locations:<br />

• Title 31 United States Code (USC), Subtitle III, Chapter 37, Subchapter III, Section 3729 – 3733<br />

(Federal False Claims Act).<br />

• Title 31 United States Code (USC), Chapter 38 (Administrative Remedies)<br />

• Texas Human Resources Code Chapter 32, Subchapter B, Section 32.039 (Texas False Claims Act<br />

• Texas Human Resources Code Chapters 32 and 36 (Administrative and Civil Remedies)<br />

<strong>Parkland</strong> <strong>Community</strong> <strong>Health</strong> <strong>Plan</strong> staff, contracted providers, entities or agents are protected from retaliation<br />

from PCHP in the event that they report suspected filing of false or fraudulent claims against the Government<br />

by <strong>Parkland</strong> <strong>Community</strong> <strong>Health</strong> <strong>Plan</strong>. In 1986, congress added anti-retaliation protections to the False claims<br />

Act. These Provisions are contained in 31 USC Section 3730(h) and state that:<br />

72<br />

Any employee who is discharged, demoted, suspended, threatened, harassed, or in any other manner<br />

discriminated against in the terms and conditions of employment by his or her employer because of<br />

lawful acts done by the employee on behalf of his employer or others in furtherance of and action under<br />

this section, including investigation for, initiation of, testimony for, or assistance in an action filed or to<br />

be filed under this section, shall be entitled to all relief necessary to make the employee whole.<br />

Additional information on the False Claims Acts and Whistleblower Protections can be found in the <strong>Parkland</strong><br />

<strong>Community</strong> <strong>Health</strong> <strong>Plan</strong> Fraud and Abuse <strong>Plan</strong> on the PCHP website (www.parklandhmo.org) or in the federal<br />

and state statute listed above. You can also contact PCHP Provider Relations for further information.<br />

Specialist Responsibilities<br />

Care by specialists will be provided after a referral has been made by the member’s Primary Care Provider. It is<br />

the responsibility of the specialist’s office to ensure that the member has a valid referral before rendering<br />

services. PCHP specialists must:<br />

• Be licensed to practice medicine or osteopathy in the state of Texas;<br />

• Have admitting privileges at a PCHP participating hospital;<br />

• Obtain referral form from the member’s Primary Care Provider, and approved by PCHP, before rendering<br />

services;<br />

• Assure that the consultation report and recommendations are sent to the Primary Care Provider and<br />

communicate with the Primary Care Provider regarding the member’s status and course of treatment;<br />

• Tell the member and/or family of the diagnostic, treatment, and follow-up recommendations in consultation<br />

with the Primary Care Provider (if appropriate); and,<br />

• Provide members/families with appropriate health education in the management of the member’s special<br />

needs.<br />

Acceptable:<br />

1. Office phone is answered after hours by an answering service. All calls answered by an answering<br />

service must be returned by a provider within 30 minutes.

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