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2013 Practitioner and Provider Manual - Presbyterian Healthcare ...

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LegalYou shall also have an internal reporting process toreport suspected or potential fraud to yourcompliance officer.You shall report to <strong>Presbyterian</strong> any potential fraudor other misconduct by you or a subcontractor. Thisreport shall be made as soon as you becomeaware of the potential fraud or other misconduct.Background ChecksYou will perform criminal background checks for allrequired individuals providing services, as specifiedin 7.1.9 New Mexico Administrative Code,Caregivers Criminal History ScreeningRequirements.Conflict of Interest CertificationYou <strong>and</strong> your subcontractor’s officers, directors,<strong>and</strong> managers shall annually sign a statement that(1) the individual has reviewed <strong>Presbyterian</strong>’s <strong>and</strong>your conflict of interest policies; (2) the individualhas disclosed any potential conflicts of interest; <strong>and</strong>(3) the individual has obtained managementapproval to work despite any conflicts or haseliminated the conflict. (Source: Chapter 9, Section50.2.1.2.)IndemnityYou shall hold <strong>Presbyterian</strong> harmless of any loss,damage, or costs (including reasonable attorneys’fees) incurred in connection with claims resultingfrom your or your subcontractor’s acts oromissions.Medicare Contracting RequirementsDefinitions:Terms that are used in your contract with<strong>Presbyterian</strong> (such as downstream entities,related entities, <strong>and</strong> first tier entities) have thesame meanings as defined by the CMS in 42CFR § 422.2.The term “subcontractor” means alldownstream entities <strong>and</strong> related entities whichproviders use to perform services.Nondiscrimination<strong>Provider</strong>s agree <strong>and</strong> will require all subcontractorsto agree, not to differentiate or discriminate in thetreatment of Medicare Advantage (MA) planenrollees on the basis of health status or on thebasis of color, race, creed, sex, age, religion, placeof residence, health status, sexual orientation,disability, place of origin, type of illness orcondition, or source of payment, or any other basisprohibited by federal law <strong>and</strong> to observe, protect,<strong>and</strong> promote the rights of MA plan enrollees aspatients. (Source: 42 CFR § 422.110.)Privacy of Medical Records<strong>Provider</strong> will treat, <strong>and</strong> will require allsubcontractors to treat, all MA plan enrollees’medical records or other health <strong>and</strong> enrollmentinformation as confidential <strong>and</strong> protected againstunauthorized disclosure so as to comply with allstate <strong>and</strong> federal laws regarding privacy, security,confidentiality, <strong>and</strong> disclosure so as to comply withall state <strong>and</strong> federal laws regarding the privacy,security, confidentiality <strong>and</strong> disclosure so as to14-92014 <strong>Practitioner</strong> <strong>and</strong> <strong>Provider</strong> <strong>Manual</strong> - Ver. 3

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