D.C. Mun. Regs. tit. 29, r. 29-4705

Current through Register Vol. 71, No. 44, November 1, 2024
Rule 29-4705 - SUBCONTRACTS
4705.1

CFSA may, subject to MAA's written approval, subcontract the provision of TCM services.

4705.2

Each subcontract entered into by CFSA shall be submitted to MAA for approval prior to the execution of the subcontract.

4705.3

MAA shall notify CFSA, in writing, of the approval or disapproval of the proposed subcontract within thirty (30) days of receipt of the proposed subcontract and supporting documentation.

4705.4

Failure to notify CFSA of the approval or disapproval of the proposed subcontract within the thirty (30) day time period shall be construed as approval of the proposed subcontract.

4705.5

MAA may require CFSA to furnish additional information relating to the subcontractor, the subcontractor's ability to carry out the proposed obligations under the subcontract, and procedures to be followed by CFSA in monitoring the subcontractor's performance.

4705.6

CFSA shall not enter into a subcontract with a provider who has been convicted of any crime or who has been the subject of any sanction described in section 1128 of the Social Security Act. MAA shall not reimburse CFSA for any services provided to a Medicaid recipient by a subcontractor who has been convicted of a crime or who has been the subject of a sanction described in section 1128 of the Social Security Act.

4705.7

Each subcontract shall be in writing and shall contain, at a minimum, the following:

(a) Information identifying the subcontractor, including the name, address and type of organization;
(b) A description of the services to be provided or other activities to be performed by the subcontractor, in a form that permits MAA to definitively determine the nature and scope of the Medicaid obligations that have been subcontracted;
(c) An agreement that financial and programmatic information, records, and data collected and maintained by the subcontractor that relate to TCM services shall be made available to CFSA and MAA for inspection;
(d) An agreement that the subcontractor shall look solely to CFSA for compensation for TCM services provided to eligible Medicaid beneficiaries;
(e) Assurances that the subcontractor has all applicable licenses, accreditation, and certificates of operation and registration;
(f) Assurances of appropriate professional liability coverage;
(g) Assurances that the subcontractor shall comply with all applicable provisions of District and federal law and rules pertaining to Title XIX of the Social Security Act, and all District and federal laws and rules applicable to the service or activity covered by the subcontract; and
(h) If the subcontract is subject to assignment, an agreement that no assignment shall take effect without written prior approval from MAA.
4705.8

No subcontract shall terminate the legal obligations of CFSA to ensure that all activities carried out by the subcontractor conform to the requirements set forth in these rules.

D.C. Mun. Regs. tit. 29, r. 29-4705

Emergency Rulemaking published at 47 DCR 5257 (June 23, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 7084 (September 1, 2000)