CONTROLLING AUTHORITY. Provider agrees to comply with Controlling Authority and any and all applicable federal, state and local laws, rules and regulations, or orders as amended, implemented, or supplemented. Provider shall be responsible for keeping abreast of changes to Controlling Authority and to provide education and training to its staff and employees as appropriate. Provider shall develop and implement a compliance program in accordance with 42 U.S.C. § 1396a (kk)(5). This Contract is required by 42 C.F.R. §438.214 and shall be subject to the following, including any subsequent revisions or amendments thereto, (hereinafter referred to as the “Controlling Authority”): a. Title XIX of the Social Security Act and its implementing regulations. b. Applicable provisions of North Carolina General Statutes Chapters 108A, 108D and 122C. c. The North Carolina State Plan for Medical Assistance. d. The North Carolina Mental Health, Developmental Disabilities, and Substance Abuse Services (MH/DD/SA) health plan waiver authorized by the Centers for Medicare and Medicaid Services (CMS) pursuant to Section 1915(b) of the Act, and the N.C. Home and Community Based Services Innovations waiver authorized by CMS pursuant to Section 1915(c) of the Act. e. The federal anti-kickback statute, 42 U.S.C. § 1320a-7b(b) and its implementing regulations; the federal False Claims Act, 31 U.S.C. §§ 3729 – 3733 and its implementing regulations; and the North Carolina Medical Providers False Claims Act, N.C. Gen. Stat. § 108A- 70-10 et seq. f. All federal and state Member’s rights and confidentiality laws and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations, 45 CFR Parts 160, 162 and 164, as further expanded by the Health Information Technology for Economic and Clinical Health Act (HITECH Act), adopted as part of the American Recovery and Reinvestment Act of 2009, commonly known as “ARRA” (Public Law 111-5) and any subsequent modifications thereof; the Substance Abuse Confidentiality regulations codified at 42 U.S.C. § 290dd-2 and 42 CFR Part 2; N.C.G.S. § 122C-51, et seq.; N.C.G.S. § 108A- 80; 10A NCAC Subchapter 26B; and DMH/DD/SAS Confidentiality Rules published as APSM 45-1 (effective January 2005). g. Regulations concerning access to care, utilization review, clinical studies, utilization management, care management, quality management, disclosure and credentialing activities as set forth 42 CFR Parts 438, 441, 455, and 456. h. State licensure and certification laws, rules and regulations applicable to Provider. i. Medical or clinical coverage policies promulgated by the Department in accordance with N.C.G.S. § 108A-54.2. j. The Alliance Provider Manual. k. Applicable federal and state records retention, recordkeeping and reporting rules, regulations and requirements, including but not limited to the DMH/DD/SAS Records Management and Documentation Manual, APSM 45-2, effective April 1, 2009, and APSM 10-3 and all applicable revisions, amendments, and/or updates. l. The Americans With Disabilities Act, Titles VI and VII of the Civil Rights Act of 1964, Sections 503 and 504 of the Vocational Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and subsequent amendments and regulations developed pursuant thereto, to the effect that no person shall, on the grounds of sex, age, race, religious affiliation, handicap, or national origin, be subjected to discrimination in the provision of any services or in employment practices. m. The Drug Free Workplace Act of 1988. n. Any other applicable federal or state Laws, rules or regulations, or orders in effect at the time the service is rendered.
Appears in 3 contracts
Samples: Medicaid Direct Network Participating Provider Contract, Medicaid Network Participating Provider Contract, Medicaid Direct Network Participating Provider Contract
CONTROLLING AUTHORITY. Provider agrees to comply with Controlling Authority and any and all applicable federal, state and local laws, rules and regulations, or orders as amended, implemented, or supplemented. Provider shall be responsible for keeping abreast of changes to Controlling Authority and to provide education and training to its staff and employees as appropriate. Provider shall develop and implement a compliance program in accordance with 42 U.S.C. § 1396a (kk)(5). This Contract is required by 42 C.F.R. §438.206 and §438.214 and shall be subject to governed by the following, including any subsequent revisions or amendments thereto, (hereinafter referred to as the “Controlling Authority”):
a. ): Title XIX of the Social Security Act and its implementing regulations.
b. Applicable provisions of North Carolina General Statutes Chapters , N.C.G.S. Chapter 108A, 108D and 122C.
c. The the North Carolina State Plan for Medical Assistance.
d. The , the North Carolina Mental Health, Developmental Disabilities, and Substance Abuse Services (MH/DD/SA) SA services health plan waiver authorized by the Centers for Medicare and Medicaid Services (CMS) CMS pursuant to Section section 1915(b) of the Act, and the N.C. Home and Community Based Services Innovations waiver authorized by CMS pursuant to Section section 1915(c) of the Act.
e. ; and The federal anti-kickback statute, 42 U.S.C. § §1320a-7b(b) and its implementing regulations; the federal False Claims Act, 31 U.S.C. §§ 3729 – 3733 and its implementing regulations; and the North Carolina Medical Providers False Claims Act, N.C. Gen. Stat. § 108A- 70§108A-70-10 et seq.
f. ; and All federal and state MemberEnrollee’s rights and confidentiality laws and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) ), the Standard for Privacy of Individually Identifiable Health Information and its implementing regulationsHealth Insurance Reform: Security Standards, 45 CFR Parts 160, 162 and Part 164, as further expanded by alcohol and drug abuse patient records laws codified at 42 U.S.C. §290dd-2 and 42 CFR Part 2, the Health Information Technology for Economic Economics and Clinical Health Act (HITECH Act), ) adopted as part of the American Recovery and Reinvestment Act of 2009, commonly known as “ARRA” 2009 (Public Law 111-5) ), and any subsequent modifications thereof; the Substance Abuse Confidentiality those State laws and regulations codified at 42 U.S.C. § 290dd-2 and 42 CFR Part 2; N.C.G.S. § 122C-51, et seq.; N.C.G.S. § 108A- 80; 10A NCAC Subchapter 26Bdenominated in Appendix G; and DMH/DD/SAS Confidentiality Rules published as APSM 45-1 (effective January 2005).
g. Regulations concerning access to care, utilization review, clinical studies, utilization management, care management, quality management, disclosure and credentialing activities as set forth in 42 CFR Parts parts 438, 441, 455, and 456.
h. ; and State licensure and certification laws, rules and regulations applicable to Provider.
i. CONTRACTOR; and Applicable provisions of Chapter 122C of the North Carolina General Statutes; and Medical or clinical coverage policies promulgated by the Department in accordance with N.C.G.S. § §108A-54.2.
j. ; and The Alliance North Carolina Medicaid and Health Choice Provider Manual.
k. Applicable federal and state records retentionRequirements, recordkeeping and reporting rules, regulations and requirements, including but not limited to the DMH/DD/SAS Records Management and Documentation Manual, APSM 45-2, effective April 1, 2009, and APSM 10-3 and all applicable revisions, amendments, and/or updates.
l. N.C. Gen. Stat. Ch. 108C. The Americans With Disabilities Act, Titles VI and VII of the Civil Rights Act of 1964, Sections Section 503 and 504 of the Vocational Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and subsequent amendments and regulations developed pursuant thereto, to the effect that no person shall, on the grounds of sex, age, race, religious affiliation, handicap, or national origin, be subjected to discrimination in the provision of any services or in employment practices.
m. ; and The Drug Free Workplace Act of 1988.
n. ; and The requirements and reporting obligations related to the Substance Abuse and Treatment Block Grant (SAPTBG), Community Mental Health Services Block Grant (CMHSBG), Social Services Block Grant (SSBG) and accompanying state Maintenance of Effort (MOE) requirements; Projects to Assist in the Transition from Homelessness (PATH) formula grant; Strategic Prevention Framework – State Incentive Grant (SPF-SIG), Safe and Drug Free Schools and Communities Act (SDFSCA), and all other applicable federal grant program funding compliance requirements, if applicable. Any other applicable federal or state Lawslaws, rules or regulations, or orders in effect at the time the service is renderedrendered and concerning the provision or billing of Medicaid-reimbursable or State-funded Mental Health, Developmental Disabilities and Substance Abuse (MH/DD/SA) services; and The LME/PIHP’s Provider Operations Manual. CONTRACTOR agrees to operate and provide services in accordance with Controlling Authority. CONTRACTOR shall be responsible for keeping abreast of changes to Controlling Authority and to provide education and training to its staff and employees as appropriate. CONTRACTOR shall develop and implement a compliance program in accordance with 42 U.S.C. §1396a(kk)(5).
Appears in 1 contract
CONTROLLING AUTHORITY. Provider agrees to comply with Controlling Authority and any and all applicable federal, state and local laws, rules and regulations, or orders as amended, implemented, or supplemented. Provider shall be responsible for keeping abreast of changes to Controlling Authority and to provide education and training to its staff and employees as appropriate. Provider shall develop and implement a compliance program in accordance with 42 U.S.C. § 1396a (kk)(5). This Contract is required by 42 C.F.R. §438.206 and §438.214 and shall be subject to governed by the following, including any subsequent revisions or amendments thereto, (hereinafter referred to as the “Controlling Authority”):
a. Title XIX of the Social Security Act and its implementing regulations.
b. Applicable provisions of North Carolina General Statutes Chapters , N.C.G.S. Chapter 108A, 108D and 122C.
c. The the North Carolina State Plan for Medical Assistance.
d. The , the North Carolina Mental Health, Developmental Disabilities, Disabilities and Substance Abuse Services (MH/DD/SASAS) health plan waiver authorized by the Centers for Medicare and Medicaid Services (CMS) CMS pursuant to Section section 1915(b) of the Act, and the N.C. Home and Community Based Services Innovations waiver authorized by CMS pursuant to Section section 1915(c) of the Act.; and
e. The federal antib. Xxx xxxxxxx xxxx-kickback statutexxxxxxxx xxxxxxx, 42 U.S.C. § 1320a-7b(b00 X.X.X. §0000x-0x (x) and its implementing regulations; the federal False Claims Act, 31 U.S.C. §§ 3729 – 3733 and its implementing regulations; and the North Carolina Medical Providers False Claims Act, N.C. Gen. Stat. § 108A- 70§108A-70-10 et seq.; and
f. c. All federal and state MemberEnrollee’s rights and confidentiality laws and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) ), the Standard for Privacy of Individually Identifiable Health Information and its implementing regulationsHealth Insurance Reform: Security Standards, 45 CFR Parts 160, 162 and C.F.R. Part 164, as further expanded by alcohol and drug abuse patient records laws codified at 42 U.S.C. §290dd-2 and 42 C.F.R. Part 2, the Health Information Technology for Economic Economics and Clinical Health Act (HITECH Act), ) adopted as part of the American Recovery and Reinvestment Act of 2009, commonly known as “ARRA” 2009 (Public Law 111-5) ), and any subsequent modifications thereofthose State laws and regulations denominated in Appendix G; the Substance Abuse Confidentiality regulations codified at 42 U.S.C. § 290dd-2 and 42 CFR Part 2; N.C.G.S. § 122C-51, et seq.; N.C.G.S. § 108A- 80; 10A NCAC Subchapter 26B; and DMH/DD/SAS Confidentiality Rules published as APSM 45-1 (effective January 2005).and
g. d. Regulations concerning access to care, utilization review, clinical studies, utilization management, care management, quality management, disclosure and credentialing activities as set forth in 42 CFR Parts C.F.R. parts 438, 441, 455, and 456.; and
h. e. State licensure and certification laws, rules and regulations applicable to Provider.LIP; and
i. f. Applicable provisions of Chapter 122C of the North Carolina General Statutes; and
g. Medical or clinical coverage policies promulgated by the Department in accordance with N.C.G.S. § §108A-54.2.; and
j. h. The Alliance North Carolina Medicaid and Health Choice Provider Manual.Requirements, N.C. Gen. Stat. Ch. 108C.
k. Applicable federal and state records retention, recordkeeping and reporting rules, regulations and requirements, including but not limited to the DMH/DD/SAS Records Management and Documentation Manual, APSM 45-2, effective April 1, 2009, and APSM 10-3 and all applicable revisions, amendments, and/or updates.
l. i. The Americans With Disabilities Act, Titles VI and VII of the Civil Rights Act of 1964, Sections Section 503 and 504 of the Vocational Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and subsequent amendments and regulations developed pursuant thereto, to the effect that no person shall, on the grounds of sex, age, race, religious affiliation, handicap, or national origin, be subjected to discrimination in the provision of any services or in employment practices.; and
m. j. The Drug Free Workplace Act of 1988; and
k. The requirements and reporting obligations related to the Substance Abuse and Treatment Block Grant (SAPTBG), Community Mental Health Services Block Grant (CMHSBG), Social Services Block Grant (SSBG) and accompanying State Maintenance of Effort (MOE) requirements; Projects to Assist in the Transition from Homelessness (PATH) formula grant; Strategic Prevention Framework – State Incentive Grant (SPF-SIG), Safe and Drug Free Schools and Communities Act (SDFSCA), and all other applicable federal grant program funding compliance requirements, if applicable.
n. l. Any other applicable federal or state Lawslaws, rules or regulations, or orders in effect at the time the service is renderedrendered and concerning the provision or billing of Medicaid-reimbursable or State-funded MH/DD/SA services.
m. The LME/PIHP’s Provider Operations Manual. LIP agrees to operate and provide services in accordance with Controlling Authority. LIP shall be responsible for keeping abreast of changes to Controlling Authority and to provide education and training to its staff and employees as appropriate. Commensurate with level of operation, LIP shall develop and implement a compliance program in accordance with 42 U.S.C. §1396a (kk) (5).
Appears in 1 contract
CONTROLLING AUTHORITY. Provider agrees to comply with Controlling Authority and any and all applicable federal, state and local laws, rules and regulations, or orders as amended, implemented, or supplemented. Provider shall be responsible for keeping abreast of changes to Controlling Authority and to provide education and training to its staff and employees as appropriate. Provider shall develop and implement a compliance program in accordance with 42 U.S.C. § 1396a (kk)(5). This Contract is required by State and Federal law, including 42 C.F.R. §438.214 438.206 and §438.214, and shall be subject to governed by the following, including any subsequent revisions or amendments thereto, (hereinafter referred to as the “Controlling Authority”):
a. Title XIX of the Social Security Act and its implementing regulations.
b. Applicable provisions of North Carolina General Statutes Chapters , N.C.G.S. Chapter 108A, 108D and 122C.
c. The the North Carolina State Plan for Medical Assistance.
d. The , the North Carolina Mental Health, Developmental Disabilities, and Substance Abuse Services (MH/DD/SA) SA services health plan waiver authorized by the Centers for Medicare and Medicaid Services (CMS) CMS pursuant to Section section 1915(b) of the Act, and the N.C. Home and Community Based Services Innovations waiver authorized by CMS pursuant to Section section 1915(c) of the Act.; and
e. b. The federal anti-kickback statute, 42 U.S.C. § §1320a-7b(b) and its implementing regulations; the federal False Claims Act, 31 U.S.C. §§ 3729 – 3733 and its implementing regulations; and the North Carolina Medical Providers False Claims Act, N.C. Gen. Stat. § 108A- 70§108A-70-10 et seq.; and
f. c. All federal and state MemberEnrollee’s rights and confidentiality laws and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) ), the Standard for Privacy of Individually Identifiable Health Information and its implementing regulationsHealth Insurance Reform: Security Standards, 45 CFR Parts 160, 162 and Part 164, as further expanded by alcohol and drug abuse patient records laws codified at 42 U.S.C. §290dd-2 and 42 CFR Part 2, the Health Information Technology for Economic Economics and Clinical Health Act (HITECH Act), ) adopted as part of the American Recovery and Reinvestment Act of 2009, commonly known as “ARRA” 2009 (Public Law 111-5) ), and any subsequent modifications thereofthose State laws and regulations denominated in Appendix G; the Substance Abuse Confidentiality regulations codified at 42 U.S.C. § 290dd-2 and 42 CFR Part 2; N.C.G.S. § 122C-51, et seq.; N.C.G.S. § 108A- 80; 10A NCAC Subchapter 26B; and DMH/DD/SAS Confidentiality Rules published as APSM 45-1 (effective January 2005).and
g. d. Regulations concerning access to care, utilization review, clinical studies, utilization management, care management, quality management, disclosure and credentialing activities as set forth in 42 CFR Parts parts 438, 441, 455, and 456.; and
h. e. State licensure and certification laws, rules and regulations applicable to Provider.Contractor; and
i. f. Applicable provisions of Chapter 122C of the North Carolina General Statutes; and
g. Medical or clinical coverage policies promulgated by the Department in accordance with N.C.G.S. § §108A-54.2.; and
j. h. The Alliance North Carolina Medicaid and Health Choice Provider Manual.Requirements, N.C. Gen. Stat. Ch. 108C.
k. Applicable federal and state records retention, recordkeeping and reporting rules, regulations and requirements, including but not limited to the DMH/DD/SAS Records Management and Documentation Manual, APSM 45-2, effective April 1, 2009, and APSM 10-3 and all applicable revisions, amendments, and/or updates.
l. i. The Americans With Disabilities Act, Titles VI and VII of the Civil Rights Act of 1964, Sections Section 503 and 504 of the Vocational Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and subsequent amendments and regulations developed pursuant thereto, to the effect that no person shall, on the grounds of sex, age, race, religious affiliation, handicap, or national origin, be subjected to discrimination in the provision of any services or in employment practices.; and
m. j. The Drug Free Workplace Act of 1988; and
k. The requirements and reporting obligations related to the Substance Abuse and Treatment Block Grant (SAPTBG), Community Mental Health Services Block Grant (CMHSBG), Social Services Block Grant (SSBG) and accompanying state Maintenance of Effort (MOE) requirements; Projects to Assist in the Transition from Homelessness (PATH) formula grant; Strategic Prevention Framework – State Incentive Grant (SPF-SIG), Safe and Drug Free Schools and Communities Act (SDFSCA), and all other applicable federal grant program funding compliance requirements, if applicable.
n. l. Any other applicable federal or state Lawslaws, rules or regulations, or orders in effect at the time the service is renderedrendered and concerning the provision or billing of Medicaid-reimbursable or State-funded Mental Health, Developmental Disabilities and Substance Abuse (MH/DD/SA) services; and m. The LME/PIHP’s Provider Operations Manual and LME/PIHP contracts with the Department Contractor agrees to operate and provide services in accordance with and pursuant to Controlling Authority and the terms of this Contract. Contractor shall be responsible for keeping abreast of changes to Controlling Authority and to provide education and training to its staff and employees as appropriate. Contractor shall develop and implement a compliance program in accordance with 42 U.S.C. §1396a(kk)(5).
Appears in 1 contract
Samples: Procurement Contract
CONTROLLING AUTHORITY. Provider agrees to comply with Controlling Authority and any and all applicable federal, state and local laws, rules and regulations, or orders as amended, implemented, or supplemented. Provider shall be responsible for keeping abreast of changes to Controlling Authority and to provide education and training to its staff and employees as appropriate. Provider shall develop and implement a compliance program in accordance with 42 U.S.C. § 1396a (kk)(5). This Contract is required by 42 C.F.R. §438.206 and §438.214 and shall be subject to governed by the following, including any subsequent revisions or amendments thereto, (hereinafter referred to as the “Controlling Authority”):
a. Title XIX of the Social Security Act and its implementing regulations.
b. Applicable provisions of North Carolina General Statutes Chapters , N.C.G.S. Chapter 108A, 108D and 122C.
c. The the North Carolina State Plan for Medical Assistance.
d. The , the North Carolina Mental Health, Developmental Disabilities, and Substance Abuse Services (MH/DD/SA) SA services health plan waiver authorized by the Centers for Medicare and Medicaid Services (CMS) CMS pursuant to Section section 1915(b) of the Act, and the N.C. Home and Community Based Services Innovations waiver authorized by CMS pursuant to Section section 1915(c) of the Act.; and
e. b. The federal anti-kickback statute, 42 U.S.C. § §1320a-7b(b) and its implementing regulations; the federal False Claims Act, 31 U.S.C. §§ 3729 – 3733 and its implementing regulations; and the North Carolina Medical Providers False Claims Act, N.C. Gen. Stat. § 108A- 70§108A-70-10 et seq.; and
f. c. All federal and state MemberEnrollee’s rights and confidentiality laws and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) ), the Standard for Privacy of Individually Identifiable Health Information and its implementing regulationsHealth Insurance Reform: Security Standards, 45 CFR Parts 160, 162 and Part 164, as further expanded by alcohol and drug abuse patient records laws codified at 42 U.S.C. §290dd-2 and 42 CFR Part 2, the Health Information Technology for Economic Economics and Clinical Health Act (HITECH Act), ) adopted as part of the American Recovery and Reinvestment Act of 2009, commonly known as “ARRA” 2009 (Public Law 111-5) ), and any subsequent modifications thereofthose State laws and regulations denominated in Appendix G; the Substance Abuse Confidentiality regulations codified at 42 U.S.C. § 290dd-2 and 42 CFR Part 2; N.C.G.S. § 122C-51, et seq.; N.C.G.S. § 108A- 80; 10A NCAC Subchapter 26B; and DMH/DD/SAS Confidentiality Rules published as APSM 45-1 (effective January 2005).and
g. d. Regulations concerning access to care, utilization review, clinical studies, utilization management, care management, quality management, disclosure and credentialing activities as set forth in 42 CFR Parts parts 438, 441, 455, and 456.; and
h. e. State licensure and certification laws, rules and regulations applicable to Provider.CONTRACTOR; and
i. f. Applicable provisions of Chapter 122C of the North Carolina General Statutes; and
g. Medical or clinical coverage policies promulgated by the Department in accordance with N.C.G.S. § §108A-54.2.; and
j. h. The Alliance North Carolina Medicaid and Health Choice Provider Manual.Requirements, N.C. Gen. Stat. Ch. 108C.
k. Applicable federal and state records retention, recordkeeping and reporting rules, regulations and requirements, including but not limited to the DMH/DD/SAS Records Management and Documentation Manual, APSM 45-2, effective April 1, 2009, and APSM 10-3 and all applicable revisions, amendments, and/or updates.
l. i. The Americans With Disabilities Act, Titles VI and VII of the Civil Rights Act of 1964, Sections Section 503 and 504 of the Vocational Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and subsequent amendments and regulations developed pursuant thereto, to the effect that no person shall, on the grounds of sex, age, race, religious affiliation, handicap, or national origin, be subjected to discrimination in the provision of any services or in employment practices.; and
m. j. The Drug Free Workplace Act of 1988; and
k. The requirements and reporting obligations related to the Substance Abuse and Treatment Block Grant (SAPTBG), Community Mental Health Services Block Grant (CMHSBG), Social Services Block Grant (SSBG) and accompanying state Maintenance of Effort (MOE) requirements; Projects to Assist in the Transition from Homelessness (PATH) formula grant; Strategic Prevention Framework – State Incentive Grant (SPF-SIG), Safe and Drug Free Schools and Communities Act (SDFSCA), and all other applicable federal grant program funding compliance requirements, if applicable.
n. l. Any other applicable federal or state Lawslaws, rules or regulations, or orders in effect at the time the service is renderedrendered and concerning the provision or billing of Medicaid-reimbursable or State-funded Mental Health, Developmental Disabilities and Substance Abuse (MH/DD/SA) services; and
m. The LME/PIHP’s Provider Operations Manual. CONTRACTOR agrees to operate and provide services in accordance with Controlling Authority. CONTRACTOR shall be responsible for keeping abreast of changes to Controlling Authority and to provide education and training to its staff and employees as appropriate. CONTRACTOR shall develop and implement a compliance program in accordance with 42 U.S.C. §1396a(kk)(5).
Appears in 1 contract
CONTROLLING AUTHORITY. Provider agrees to comply with Controlling Authority and any and all applicable federal, state and local laws, rules and regulations, or orders as amended, implemented, or supplemented. Provider shall be responsible for keeping abreast of changes to Controlling Authority and to provide education and training to its staff and employees as appropriate. Provider shall develop and implement a compliance program in accordance with 42 U.S.C. § 1396a (kk)(5). This Contract is required by 42 C.F.R. §438.206 and §438.214 and shall be subject to governed by the following, including any subsequent revisions or amendments thereto, (hereinafter referred to as the “Controlling Authority”):
a. Title XIX of the Social Security Act and its implementing regulations.
b. Applicable provisions of North Carolina General Statutes Chapters , N.C.G.S. Chapter 108A, 108D and 122C.
c. The the North Carolina State Plan for Medical Assistance.
d. The , the North Carolina Mental Health, Developmental Disabilities, and Substance Abuse Services (MH/DD/SA) health plan waiver authorized by the Centers for Medicare and Medicaid Services (CMS) pursuant to Section section 1915(b) of the Act, and the N.C. Home and Community Based Services Innovations waiver authorized by CMS pursuant to Section section 1915(c) of the Act.; and
e. b. The federal anti-kickback statute, 42 U.S.C. § §1320a-7b(b) and its implementing regulations; the federal False Claims Act, 31 U.S.C. §§ 3729 – 3733 and its implementing regulations; and the North Carolina Medical Providers False Claims Act, N.C. Gen. Stat. § 108A- 70§108A-70-10 et seq.; and
f. c. All federal and state MemberEnrollee’s rights and confidentiality laws and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) ), the Standard for Privacy of Individually Identifiable Health Information and its implementing regulationsHealth Insurance Reform: Security Standards, 45 CFR Parts 160, 162 and Part 164, as further expanded by alcohol and drug abuse patient records laws codified at 42 U.S.C. §290dd-2 and 42 CFR Part 2, the Health Information Technology for Economic Economics and Clinical Health Act (HITECH Act), ) adopted as part of the American Recovery and Reinvestment Act of 2009, commonly known as “ARRA” 2009 (Public Law 111-5) ), and any subsequent modifications thereofthose State laws and regulations denominated in Appendix G; the Substance Abuse Confidentiality regulations codified at 42 U.S.C. § 290dd-2 and 42 CFR Part 2; N.C.G.S. § 122C-51, et seq.; N.C.G.S. § 108A- 80; 10A NCAC Subchapter 26B; and DMH/DD/SAS Confidentiality Rules published as APSM 45-1 (effective January 2005).and
g. d. Regulations concerning access to care, utilization review, clinical studies, utilization management, care management, quality management, disclosure and credentialing activities as set forth in 42 CFR Parts parts 438, 441, 455, and 456.
h. e. State licensure and certification laws, rules and regulations applicable to Provider.CONTRACTOR; and
i. f. Applicable provisions of Chapter 122C of the North Carolina General Statutes; and
g. Medical or clinical coverage policies promulgated by the Department in accordance with N.C.G.S. § §108A-54.2.; and
j. h. The Alliance North Carolina Medicaid and Health Choice Provider Manual.Requirements, N.C. Gen. Stat. Ch. 108C.
k. Applicable federal and state records retention, recordkeeping and reporting rules, regulations and requirements, including but not limited to the DMH/DD/SAS Records Management and Documentation Manual, APSM 45-2, effective April 1, 2009, and APSM 10-3 and all applicable revisions, amendments, and/or updates.
l. i. The Americans With Disabilities Act, Titles VI and VII of the Civil Rights Act of 1964, Sections Section 503 and 504 of the Vocational Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and subsequent amendments and regulations developed pursuant thereto, to the effect that no person shall, on the grounds of sex, age, race, religious affiliation, handicap, or national origin, be subjected to discrimination in the provision of any services or in employment practices.; and
m. j. The Drug Free Workplace Act of 1988.; and
n. k. Any other applicable federal or state Lawslaws, rules or regulations, or orders in effect at the time the service is renderedrendered and concerning the provision or billing of Medicaid-reimbursable or State-funded MH/DD/SA services, as specified in Appendix G. CONTRACTOR agrees to operate and provide services in accordance with Controlling Authority. CONTRACTOR shall be responsible for keeping abreast of changes to Controlling Authority and to provide education and training to its staff and employees as appropriate. CONTRACTOR shall develop and implement a compliance program in accordance with 42 U.S.C. §1396a(kk)(5).
Appears in 1 contract
CONTROLLING AUTHORITY. Provider agrees to comply with Controlling Authority and any and all applicable federal, state and local laws, rules and regulations, or orders as amended, implemented, or supplemented. Provider shall be responsible for keeping abreast of changes to Controlling Authority and to provide education and training to its staff and employees as appropriate. Provider shall develop and implement a compliance program in accordance with 42 U.S.C. § 1396a (kk)(5). This Contract is required by 42 C.F.R. §438.206 and §438.214 and shall be subject to governed by the following, including any subsequent revisions or amendments thereto, (hereinafter referred to as the “Controlling Authority”):
a. ): Title XIX of the Social Security Act and its implementing regulations.
b. Applicable provisions of North Carolina General Statutes Chapters , N.C.G.S. Chapter 108A, 108D and 122C.
c. The the North Carolina State Plan for Medical Assistance.
d. The , the North Carolina Mental Health, Developmental Disabilities, Disabilities and Substance Abuse Services (MH/DD/SASAS) health plan waiver authorized by the Centers for Medicare and Medicaid Services (CMS) CMS pursuant to Section section 1915(b) of the Act, and the N.C. Home and Community Based Services Innovations waiver authorized by CMS pursuant to Section section 1915(c) of the Act.
e. The federal anti; and Xxx xxxxxxx xxxx-kickback statutexxxxxxxx xxxxxxx, 42 U.S.C. § 1320a-7b(b00 X.X.X. §0000x-0x (x) and its implementing regulations; the federal False Claims Act, 31 U.S.C. §§ 3729 – 3733 and its implementing regulations; and the North Carolina Medical Providers False Claims Act, N.C. Gen. Stat. § 108A- 70§108A-70-10 et seq.
f. ; and All federal and state MemberEnrollee’s rights and confidentiality laws and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) ), the Standard for Privacy of Individually Identifiable Health Information and its implementing regulationsHealth Insurance Reform: Security Standards, 45 CFR Parts 160, 162 and C.F.R. Part 164, as further expanded by alcohol and drug abuse patient records laws codified at 42 U.S.C. §290dd-2 and 42 C.F.R. Part 2, the Health Information Technology for Economic Economics and Clinical Health Act (HITECH Act), ) adopted as part of the American Recovery and Reinvestment Act of 2009, commonly known as “ARRA” 2009 (Public Law 111-5) ), and any subsequent modifications thereof; the Substance Abuse Confidentiality those State laws and regulations codified at 42 U.S.C. § 290dd-2 and 42 CFR Part 2; N.C.G.S. § 122C-51, et seq.; N.C.G.S. § 108A- 80; 10A NCAC Subchapter 26Bdenominated in Appendix G; and DMH/DD/SAS Confidentiality Rules published as APSM 45-1 (effective January 2005).
g. Regulations concerning access to care, utilization review, clinical studies, utilization management, care management, quality management, disclosure and credentialing activities as set forth in 42 CFR Parts C.F.R. parts 438, 441, 455, and 456.
h. ; and State licensure and certification laws, rules and regulations applicable to Provider.
i. LIP; and Applicable provisions of Chapter 122C of the North Carolina General Statutes; and Medical or clinical coverage policies promulgated by the Department in accordance with N.C.G.S. § §108A-54.2.
j. ; and The Alliance North Carolina Medicaid and Health Choice Provider Manual.
k. Applicable federal and state records retentionRequirements, recordkeeping and reporting rules, regulations and requirements, including but not limited to the DMH/DD/SAS Records Management and Documentation Manual, APSM 45-2, effective April 1, 2009, and APSM 10-3 and all applicable revisions, amendments, and/or updates.
l. N.C. Gen. Stat. Ch. 108C. The Americans With Disabilities Act, Titles VI and VII of the Civil Rights Act of 1964, Sections Section 503 and 504 of the Vocational Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and subsequent amendments and regulations developed pursuant thereto, to the effect that no person shall, on the grounds of sex, age, race, religious affiliation, handicap, or national origin, be subjected to discrimination in the provision of any services or in employment practices.
m. ; and The Drug Free Workplace Act of 1988.
n. ; and The requirements and reporting obligations related to the Substance Abuse and Treatment Block Grant (SAPTBG), Community Mental Health Services Block Grant (CMHSBG), Social Services Block Grant (SSBG) and accompanying State Maintenance of Effort (MOE) requirements; Projects to Assist in the Transition from Homelessness (PATH) formula grant; Strategic Prevention Framework – State Incentive Grant (SPF-SIG), Safe and Drug Free Schools and Communities Act (SDFSCA), and all other applicable federal grant program funding compliance requirements, if applicable. Any other applicable federal or state Lawslaws, rules or regulations, or orders in effect at the time the service is renderedrendered and concerning the provision or billing of Medicaid-reimbursable or State-funded MH/DD/SA services. The LME/PIHP’s Provider Operations Manual. LIP agrees to operate and provide services in accordance with Controlling Authority. LIP shall be responsible for keeping abreast of changes to Controlling Authority and to provide education and training to its staff and employees as appropriate. Commensurate with level of operation, LIP shall develop and implement a compliance program in accordance with 42 U.S.C. §1396a (kk) (5).
Appears in 1 contract
CONTROLLING AUTHORITY. Provider agrees to comply with Controlling Authority and any and all applicable federal, state and local laws, rules and regulations, or orders as amended, implemented, or supplemented. Provider shall be responsible for keeping abreast of changes to Controlling Authority and to provide education and training to its staff and employees as appropriate. Provider shall develop and implement a compliance program in accordance with 42 U.S.C. § 1396a (kk)(5). This Contract is required by 42 C.F.R. §438.214 and shall be subject to the following, including any subsequent revisions or amendments thereto, (hereinafter referred to as the “Controlling Authority”):
a. Title XIX of the Social Security Act and its implementing regulations.
b. Applicable provisions of North Carolina General Statutes Chapters 108A, 108D and 122C.
c. The North Carolina State Plan for Medical Assistance.
d. The North Carolina Mental Health, Developmental Disabilities, and Substance Abuse Services (MH/DD/SA) health plan waiver authorized by the Centers for Medicare and Medicaid Services (CMS) pursuant to Section 1915(b) of the Act, and the N.C. Home and Community Based Services Innovations waiver authorized by CMS pursuant to Section 1915(c) of the Act.
e. b. The federal anti-kickback statute, 42 U.S.C. § 1320a-7b(b) and its implementing regulations; the federal False Claims Act, 31 U.S.C. §§ 3729 – 3733 and its implementing regulations; and the North Carolina Medical Providers False Claims Act, N.C. Gen. Stat. § 108A- 70108A-70-10 et seq.
f. c. All federal and state MemberRecipient’s rights and confidentiality laws and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations, 45 CFR Parts 160, 162 and 164, as further expanded by the Health Information Technology for Economic and Clinical Health Act (HITECH Act), adopted as part of the American Recovery and Reinvestment Act of 2009, commonly known as “ARRA” (Public Law 111-111- 5) and any subsequent modifications thereof; the Substance Abuse Confidentiality regulations codified at 42 U.S.C. § 290dd-2 and 42 CFR Part 2; N.C.G.S. § 122C-51, et seq.; N.C.G.S. § 108A- 80108A-80; 10A NCAC Subchapter 26B; and DMH/DD/SAS Confidentiality Rules published as APSM 45-1 (effective January 2005).
g. Regulations concerning access to care, utilization review, clinical studies, utilization management, care management, quality management, disclosure and credentialing activities as set forth 42 CFR Parts 438, 441, 455, and 456.
h. d. State licensure and certification laws, rules and regulations applicable to Provider.
i. e. Medical or clinical coverage policies promulgated by the Department in accordance with N.C.G.S. § 108A-54.2.
j. f. The Alliance Provider Manual.
k. g. Applicable federal and state records retention, recordkeeping and reporting rules, regulations and requirements, including but not limited to the DMH/DD/SAS Records Management and Documentation Manual, APSM 45-2, effective April 1, 2009, and APSM 10-3 and all applicable revisions, amendments, and/or updates. Provider shall comply with reporting requirements for data that is submitted directly to DHHS data systems. Information regarding reporting requirements can be found on the DMH/DD/SAS website at xxxx://xxx.xxxxxx.xxx/divisions/mhddsas.
l. h. The Americans With Disabilities Act, Titles VI and VII of the Civil Rights Act of 1964, Sections 503 and 504 of the Vocational Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and subsequent amendments and regulations developed pursuant thereto, to the effect that no person shall, on the grounds of sex, age, race, religious affiliation, handicap, or national origin, be subjected to discrimination in the provision of any services or in employment practices.
m. i. The Drug Free Workplace Act of 1988.
n. j. Any other applicable federal or state Laws, rules or regulations, or orders in effect at the time the service is rendered.
Appears in 1 contract
CONTROLLING AUTHORITY. Provider agrees to comply with Controlling Authority and any and all applicable federal, state and local laws, rules and regulations, or orders as amended, implemented, or supplemented. Provider shall be responsible for keeping abreast of changes to Controlling Authority and to provide education and training to its staff and employees as appropriate. Provider shall develop and implement a compliance program in accordance with 42 U.S.C. § 1396a (kk)(5). This Contract Agreement is required by 42 C.F.R. CFR §§438.206 and 438.214 and shall be subject to covered by the following, including any subsequent revisions or amendments thereto, (hereinafter referred to as the “Controlling Authority”)::
a. 1.5.1.1. Title XIX of the Social Security Act and its implementing regulations.
b. Applicable provisions of North Carolina General Statutes Chapters , N.C.G.S. Chapter 108A, 108D and 122C.
c. The the North Carolina State Plan for Medical Assistance.
d. The , the North Carolina Mental Health, Developmental Disabilities, and Substance Abuse Services (MH/DD/SA) health plan waiver authorized by the Centers for Medicare and Medicaid Services (CMS) pursuant to Section section 1915(b) of the Act, and the N.C. Home and Community Based Services Innovations waiver authorized by CMS pursuant to Section section 1915(c) of the Act.; and
e. 1.5.1.2. The federal anti-kickback statute, 42 U.S.C. § §1320a-7b(b) and its implementing regulations; the federal False Claims Act, 31 U.S.C. §§ 3729 – 3733 and its implementing regulations; and the North Carolina Medical Providers False Claims Act, N.C. Gen. Stat. § 108A- 70§108A-70-10 et seq.; and
f. 1.5.1.3. All federal Federal and state State Member’s rights and confidentiality laws and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) ), the Standard for Privacy of Individually Identifiable Health Information and its implementing regulationsHealth Insurance Reform: Security Standards, 45 CFR Parts 160, 162 and Part 164, as further expanded by alcohol and drug abuse patient records laws codified at 42 U.S.C. §290dd-2 and 42 CFR Part 2, the Health Information Technology for Economic Economics and Clinical Health Act (HITECH Act), ) adopted as part of the American Recovery and Reinvestment Act of 2009, commonly known as “ARRA” 2009 (Public Law 111-5) ), and any subsequent modifications thereofthose State laws and regulations denominated in Appendix G; the Substance Abuse Confidentiality regulations codified at 42 U.S.C. § 290dd-2 and 42 CFR Part 2; N.C.G.S. § 122C-51, et seq.; N.C.G.S. § 108A- 80; 10A NCAC Subchapter 26B; and DMH/DD/SAS Confidentiality Rules published as APSM 45-1 (effective January 2005).and
g. 1.5.1.4. Regulations concerning access to care, utilization review, clinical studies, utilization management, care management, quality management, disclosure and credentialing activities as set forth in 42 CFR Parts parts 438, 441, 455, and 456.; and
h. 1.5.1.5. State licensure and certification laws, rules and regulations applicable to Provider.CONTRACTOR; and
i. 1.5.1.6. Applicable provisions of Chapter 122C of the North Carolina General Statutes; and
1.5.1.7. Medical or clinical coverage policies promulgated by the Department in accordance with N.C.G.S. § §108A-54.2.; and
j. 1.5.1.8. The Alliance North Carolina Medicaid and Health Choice Provider Manual.Requirements, N.C. Gen. Stat. Ch. 108C; and
k. Applicable federal and state records retention, recordkeeping and reporting rules, regulations and requirements, including but not limited to the DMH/DD/SAS Records Management and Documentation Manual, APSM 45-2, effective April 1, 2009, and APSM 10-3 and all applicable revisions, amendments, and/or updates.
l. 1.5.1.9. The Americans With Disabilities Act, Titles VI and VII of the Civil Rights Act of 1964, Sections Section 503 and 504 of the Vocational Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and subsequent amendments and regulations developed pursuant thereto, to the effect that no person shall, on the grounds of sex, age, race, religious affiliation, handicap, or national origin, be subjected to discrimination in the provision of any services or in employment practices.; and
m. 1.5.1.10. The Drug Free Workplace Act of 1988.; and
n. 1.5.1.11. The requirements and reporting obligations related to the Substance Abuse and Treatment Block Grant (SAPTBG), Community Mental Health Services Block Grant (CMHSBG), Social Services Block Grant (SSBG) and accompanying State Maintenance of Effort (MOE) requirements; Projects to Assist in the Transition from Homelessness (PATH) formula grant; Strategic Prevention Framework – State Incentive Grant (SPF-SIG), Safe and Drug Free Schools and Communities Act (SDFSCA), and all other applicable Federal grant program funding compliance requirements, if applicable; and
1.5.1.12. Any other applicable federal Federal or state LawsState laws, rules or regulations, or orders in effect at the time the service is renderedCovered Services are rendered and concerning the provision or billing of Medicaid- reimbursable or State-funded MH/DD/SA services; and
1.5.1.13. Sandhills Center’s Provider Operations Manual.
Appears in 1 contract
Samples: Provider Agreement
CONTROLLING AUTHORITY. Provider agrees to comply with Controlling Authority and any and all applicable federal, state and local laws, rules and regulations, or orders as amended, implemented, or supplemented. Provider shall be responsible for keeping abreast of changes to Controlling Authority and to provide education and training to its staff and employees as appropriate. Provider shall develop and implement a compliance program in accordance with 42 U.S.C. § 1396a (kk)(5). This Contract is required by 42 C.F.R. §438.206 and §438.214 and shall be subject to governed by the following, including any subsequent revisions or amendments thereto, (hereinafter referred to as the “Controlling Authority”):
a. Title XIX of the Social Security Act and its implementing regulations.
b. Applicable provisions of North Carolina General Statutes Chapters , N.C.G.S. Chapter 108A, 108D and 122C.
c. The the North Carolina State Plan for Medical Assistance.
d. The , the North Carolina Mental Health, Developmental Disabilities, and Substance Abuse Services (MH/DD/SA) health plan waiver authorized by the Centers for Medicare and Medicaid Services (CMS) pursuant to Section section 1915(b) of the Act, and the N.C. Home and Community Based Services Innovations waiver authorized by CMS pursuant to Section section 1915(c) of the Act.; and
e. b. The federal anti-kickback statute, 42 U.S.C. § §1320a-7b(b) and its implementing regulations; the federal False Claims Act, 31 U.S.C. §§ 3729 – 3733 and its implementing regulations; and the North Carolina Medical Providers False Claims Act, N.C. Gen. Stat. § 108A- 70§108A-70-10 et seq.; and
f. c. All federal and state MemberEnrollee’s rights and confidentiality laws and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) ), the Standard for Privacy of Individually Identifiable Health Information and its implementing regulationsHealth Insurance Reform: Security Standards, 45 CFR Parts 160, 162 and Part 164, as further expanded by alcohol and drug abuse patient records laws codified at 42 U.S.C. §290dd-2 and 42 CFR Part 2, the Health Information Technology for Economic Economics and Clinical Health Act (HITECH Act), ) adopted as part of the American Recovery and Reinvestment Act of 2009, commonly known as “ARRA” 2009 (Public Law 111-5) ), and any subsequent modifications thereofthose State laws and regulations denominated in Appendix G; the Substance Abuse Confidentiality regulations codified at 42 U.S.C. § 290dd-2 and 42 CFR Part 2; N.C.G.S. § 122C-51, et seq.; N.C.G.S. § 108A- 80; 10A NCAC Subchapter 26B; and DMH/DD/SAS Confidentiality Rules published as APSM 45-1 (effective January 2005).and
g. d. Regulations concerning access to care, utilization review, clinical studies, utilization management, care management, quality management, disclosure and credentialing activities as set forth in 42 CFR Parts parts 438, 441, 455, and 456.
h. e. State licensure and certification laws, rules and regulations applicable to Provider.CONTRACTOR; and
i. f. Applicable provisions of Chapter 122C of the North Carolina General Statutes; and
g. Medical or clinical coverage policies promulgated by the Department in accordance with N.C.G.S. § §108A-54.2.; and
j. h. The Alliance North Carolina Medicaid and Health Choice Provider Manual.Requirements, N.C. Gen. Stat. Ch. 108C.
k. Applicable federal and state records retention, recordkeeping and reporting rules, regulations and requirements, including but not limited to the DMH/DD/SAS Records Management and Documentation Manual, APSM 45-2, effective April 1, 2009, and APSM 10-3 and all applicable revisions, amendments, and/or updates.
l. i. The Americans With Disabilities Act, Titles VI and VII of the Civil Rights Act of 1964, Sections Section 503 and 504 of the Vocational Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and subsequent amendments and regulations developed pursuant thereto, to the effect that no person shall, on the grounds of sex, age, race, religious affiliation, handicap, or national origin, be subjected to discrimination in the provision of any services or in employment practices.; and
m. j. The Drug Free Workplace Act of 1988.; and
n. k. Any other applicable federal or state Lawslaws, rules or regulations, or orders in effect at the time the service is renderedrendered and concerning the provision or billing of Medicaid-reimbursable or State-funded MH/DD/SA services, including but not limited to Trillium’s Provider Manual, contracts with the Department and as specified in Appendix G.
l. The party contracting with Trillium Health Resources hereby certifies that (1) it is not on the Final Divestment List as created by the State Treasurer pursuant to N.C.G.S. 143- 6A-4 and (2) in the performance of its obligations herein, it shall not subcontract with an entity that is identified on the Final Divestment List. CONTRACTOR agrees to operate and provide services in accordance with Controlling Authority. CONTRACTOR shall be responsible for keeping abreast of changes to Controlling Authority and to provide education and training to its staff and employees as appropriate. CONTRACTOR shall develop and implement a compliance program in accordance with 42 U.S.C. §1396a(kk)(5).
Appears in 1 contract
Samples: Procurement Contract
CONTROLLING AUTHORITY. Provider agrees to comply with Controlling Authority and any and all applicable federal, state and local laws, rules and regulations, or orders as amended, implemented, or supplemented. Provider shall be responsible for keeping abreast of changes to Controlling Authority and to provide education and training to its staff and employees as appropriate. Provider shall develop and implement a compliance program in accordance with 42 U.S.C. § 1396a (kk)(5). This Contract Agreement is required by 42 C.F.R. CFR §§ 438.206 and 438.214 and shall be subject to covered by the following, including any subsequent revisions or amendments thereto, (hereinafter referred to as the “Controlling Authority”)::
a. 1.5.1.1. Title XIX of the Social Security Act and its implementing regulations.
b. Applicable provisions of North Carolina General Statutes Chapters , N.C.G.S. Chapter 108A, 108D and 122C.
c. The the North Carolina State Plan for Medical Assistance.
d. The , the North Carolina Mental Health, Developmental Disabilities, and Substance Abuse Services (MH/DD/SA) health plan waiver authorized by the Centers for Medicare and Medicaid Services (CMS) pursuant to Section section 1915(b) of the Act, and the N.C. Home and Community Based Services Innovations waiver authorized by CMS pursuant to Section section 1915(c) of the Act.; and
e. 1.5.1.2. The federal anti-kickback statute, 42 U.S.C. § §1320a-7b(b) and its implementing regulations; the federal False Claims Act, 31 U.S.C. §§ 3729 – 3733 and its implementing regulations; and the North Carolina Medical Providers False Claims Act, N.C. Gen. Stat. § 108A- 70§108A-70-10 et seq.; and
f. 1.5.1.3. All federal Federal and state Member’s State rights and confidentiality laws and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) ), the Standard for Privacy of Individually Identifiable Health Information and its implementing regulationsHealth Insurance Reform: Security Standards, 45 CFR Parts 160, 162 and Part 164, as further expanded by alcohol and drug abuse patient records laws codified at 42 U.S.C. §290dd-2 and 42 CFR Part 2, the Health Information Technology for Economic Economics and Clinical Health Act (HITECH Act), ) adopted as part of the American Recovery and Reinvestment Act of 2009, commonly known as “ARRA” 2009 (Public Law 111-5) ), and any subsequent modifications thereofthose State laws and regulations denominated in Appendix G; the Substance Abuse Confidentiality regulations codified at 42 U.S.C. § 290dd-2 and 42 CFR Part 2; N.C.G.S. § 122C-51, et seq.; N.C.G.S. § 108A- 80; 10A NCAC Subchapter 26B; and DMH/DD/SAS Confidentiality Rules published as APSM 45-1 (effective January 2005).and
g. 1.5.1.4. Regulations concerning access to care, utilization review, clinical studies, utilization management, care management, quality management, disclosure and credentialing activities as set forth in 42 CFR Parts parts 438, 441, 455, and 456.; and
h. 1.5.1.5. State licensure and certification laws, rules and regulations applicable to Provider.Practitioner; and
i. 1.5.1.6. Applicable provisions of Chapter 122C of the North Carolina General Statutes; and
1.5.1.7. Medical or clinical coverage policies promulgated by the Department in accordance with N.C.G.S. § §108A-54.2.; and
j. 1.5.1.8. The Alliance North Carolina Medicaid and Health Choice Provider Manual.Requirements, N.C. Gen. Stat. Ch. 108C; and
k. Applicable federal and state records retention, recordkeeping and reporting rules, regulations and requirements, including but not limited to the DMH/DD/SAS Records Management and Documentation Manual, APSM 45-2, effective April 1, 2009, and APSM 10-3 and all applicable revisions, amendments, and/or updates.
l. 1.5.1.9. The Americans With Disabilities Act, Titles VI and VII of the Civil Rights Act of 1964, Sections Section 503 and 504 of the Vocational Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and subsequent amendments and regulations developed pursuant thereto, to the effect that no person shall, on the grounds of sex, age, race, religious affiliation, handicap, or national origin, be subjected to discrimination in the provision of any services or in employment practices.; and
m. 1.5.1.10. The Drug Free Workplace Act of 1988.; and
n. 1.5.1.11. The requirements and reporting obligations related to the Substance Abuse and Treatment Block Grant (SAPTBG), Community Mental Health Services Block Grant (CMHSBG), Social Services Block Grant (SSBG) and accompanying State Maintenance of Effort (MOE) requirements; Projects to Assist in the Transition from Homelessness (PATH) formula grant; Strategic Prevention Framework – State Incentive Grant (SPF-SIG), Safe and Drug Free Schools and Communities Act (SDFSCA), and all other applicable Federal grant program funding compliance requirements, if applicable; and
1.5.1.12. Any other applicable federal Federal or state LawsState laws, rules or regulations, or orders in effect at the time the service is renderedCovered Services are rendered and concerning the provision or billing of Medicaid-reimbursable or State-funded MH/DD/SA services; and
1.5.1.13. Sandhills Center’s Provider Operations Manual.
Appears in 1 contract
Samples: Solo Practitioner Agreement
CONTROLLING AUTHORITY. Provider agrees to comply with Controlling Authority and any and all applicable federal, state and local laws, rules and regulations, or orders as amended, implemented, or supplemented. Provider shall be responsible for keeping abreast of changes to Controlling Authority and to provide education and training to its staff and employees as appropriate. Provider shall develop and implement a compliance program in accordance with 42 U.S.C. § 1396a (kk)(5). A. This Contract is required by State and Federal law; including 42 C.F.R. §438.206 and §438.214 and shall be subject to governed by the following, including any subsequent revisions or amendments thereto, (hereinafter referred to as the “Controlling Authority”):
a. i. Title XIX of the Social Security Act and its implementing regulations.
b. Applicable provisions of North Carolina General Statutes Chapters , N.C.G.S. Chapter 108A, 108D and 122C.
c. The the North Carolina State Plan for Medical Assistance.
d. The , the applicable North Carolina Mental Health, Developmental Disabilities, and Substance Abuse Services (MH/DD/SAMedicaid waiver(s) health plan waiver authorized by the Centers for Medicare and Medicaid Services (CMS) pursuant to Section 1915(b) of the Act, and the N.C. Home and Community Based Services Innovations waiver authorized by CMS pursuant to Section 1915(c) of the Act.; and
e. ii. The federal anti-kickback statute, 42 U.S.C. § §1320a-7b(b) and its implementing regulations; the federal False Claims Act, 31 U.S.C. §§ 3729 – 3733 and its implementing regulations; and the North Carolina Medical Providers False Claims Act, N.C. Gen. Stat. § 108A- 70§108A-70-10 et seq.; and
f. iii. All federal and state Member’s Member rights and confidentiality laws and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) ), the Standard for Privacy of Individually Identifiable Health Information and its implementing regulationsHealth Insurance Reform: Security Standards, 45 CFR Parts 160, 162 and Part 164, as further expanded by alcohol and drug abuse patient records laws codified at 42 U.S.C. §290dd-2 and 42 CFR Part 2, the Health Information Technology for Economic Economics and Clinical Health Act (HITECH Act), ) adopted as part of the American Recovery and Reinvestment Act of 2009, commonly known as “ARRA” 2009 (Public Law 111-5) ), and any subsequent modifications thereofthose State laws and regulations denominated in Appendix F; the Substance Abuse Confidentiality regulations codified at 42 U.S.C. § 290dd-2 and 42 CFR Part 2; N.C.G.S. § 122C-51, et seq.; N.C.G.S. § 108A- 80; 10A NCAC Subchapter 26B; and DMH/DD/SAS Confidentiality Rules published as APSM 45-1 (effective January 2005).and
g. iv. Regulations concerning access to care, utilization review, clinical studies, utilization management, care management, quality management, disclosure disclosure, enrollment and credentialing activities as set forth in 42 CFR Parts parts 438, 441, 455, and 456.; and
h. v. State licensure and certification laws, rules and regulations applicable to Provider.Contractor; and
i. vi. Applicable provisions of Chapter 122C of the North Carolina General Statutes; and
vii. Medical or clinical coverage policies promulgated by the Department in accordance with N.C.G.S. § §108A-54.2.; and
j. viii. The Alliance North Carolina Medicaid and Health Choice Provider Manual.Requirements, N.C. Gen. Stat. Ch. 108C.
k. Applicable federal and state records retention, recordkeeping and reporting rules, regulations and requirements, including but not limited to the DMH/DD/SAS Records Management and Documentation Manual, APSM 45-2, effective April 1, 2009, and APSM 10-3 and all applicable revisions, amendments, and/or updates.
l. ix. The Americans With Disabilities Act, Titles VI and VII of the Civil Rights Act of 1964, Sections Section 503 and 504 of the Vocational Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and subsequent amendments and regulations developed pursuant thereto, to the effect that no person shall, on the grounds of sex, age, race, religious affiliation, handicap, or national origin, sexual orientation, and transgender status be subjected to discrimination in the provision of any services or in employment practices.; and
m. x. The Drug Free Workplace Act of 1988; and
xi. The requirements and reporting obligations related to the Substance Abuse Prevention and Treatment Block Grant (SAPTBG), Community Mental Health Services Block Grant (CMHSBG), Social Services Block Grant (SSBG) and accompanying state Maintenance of Effort (MOE) requirements; Projects to Assist in the Transition from Homelessness (PATH) formula grant; Strategic Prevention Framework – State Incentive Grant (SPF-SIG), Safe and Drug Free Schools and Communities Act (SDFSCA), and all other applicable federal grant program funding compliance requirements, if applicable.
n. Any xii. Regulatory Requirements and any other applicable federal or state Lawslaws, rules or regulations, or orders in effect at the time the service is renderedrendered and concerning the provision or billing of Medicaid reimbursable or State funded Mental Health, Intellectual and Developmental Disabilities and Substance Abuse (MH/IDD/SA) services; and
xiii. The BH I/DD Tailored Plan’s Provider Operations Manual and the BH I/DD Tailored Plan contracts with the Department.
B. Compliance with state and federal laws. The Contractor understands and agrees that it is subject to all state and federal laws, rules, regulations, waivers, policies and guidelines, and court-ordered consent decrees, settlement Contracts, or other court orders that apply to the Contract and the BH I/DD Tailored Plans Managed Care and State funded Services contract with NC DHHS, and all persons or entities receiving state and federal funds. The Contractor understands and agrees that any violation by a provider of a state or federal law relating to the delivery of services pursuant to this Contract, or any violation of the BH I/DD Tailored Plan’s contract with NC DHHS could result in liability for money damages, including liquidated damages, and/or civil or criminal penalties and sanctions under state and/or federal law.
C. Compliance with state laws. The Contractor understands and agrees that it is subject to all state laws, rules, regulations, waivers, policies and guidelines, and court-ordered consent decrees, settlement agreements, or other court orders that apply to the Contract and the BH I/DD Tailored Plan’s State-funded Services contract with the North Carolina Department of Health and Human Services (NC DHHS), and all persons or entities receiving state funds. The Contractor understands and agrees that any violation by a provider of a state law relating to the delivery of services pursuant to this contract, or any violation of the BH I/DD Tailored Plans contract with NC DHHS could result in liability for money damages, including liquidated damages, and/or civil or criminal penalties and sanctions under Federal or state law.
D. Contractor agrees to operate and provide services in accordance with and pursuant to the Controlling Authority and the terms of this Contract. Contractor shall be responsible for keeping abreast of changes to Controlling Authority and will provide education and training to its staff and employees as it pertains to changes from the Controlling Authority as appropriate. Contractor shall develop and implement a compliance program in accordance with 42 U.S.C. §1396a(kk)(5).
E. Contractor shall at all times cooperate and comply with the requirements, policies, programs and procedures (“Policies”) of the BH I/DD Tailored Plan, which may be set forth and/or summarized in the Provider Manual. Contractor’s failure to comply with such policies could result in a denial, a reduction of payment to the Contractor, sanction as set forth in the Provider Manual, this Contract, and Regulatory Requirements, or termination of this Contract. T h e BH I/DD Tailored Plan shall make the Provider Manual available to the Contractor. In the event of a material change to the Provider Manual, the BH I/DD Tailored Plan will provide Contractor with at least thirty (30) days’ advance written notice of such change. Such notice may be given through a periodic provider newsletter, or any other written method (electronic or paper). If there is any conflict between this Contract and the Provider Manual, this Contract will control.
F. Contractor agrees to carry out its respective obligations under this Contract in accordance with Controlling Authority, the Provider Manual and all applicable Regulatory Requirements, including, but not limited to, the requirements of the Health Insurance Portability and Accountability Act, as amended, and any regulations promulgated thereunder. If, due to Contractor’s noncompliance with applicable Regulatory Requirements or this Contract, paybacks, sanctions, penalties or liquidated damages are imposed on BH I/DD Tailored Plan, BH I/DD Tailored Plan may, in its sole discretion, offset such amounts against any amounts due to the Contractor from BH I/DD Tailored Plan or require Contractor to reimburse BH I/DD Tailored Plan for such amounts.
Appears in 1 contract
CONTROLLING AUTHORITY. Provider agrees to comply with Controlling Authority and any and all applicable federal, state and local laws, rules and regulations, or orders as amended, implemented, or supplemented. Provider shall be responsible for keeping abreast of changes to Controlling Authority and to provide education and training to its staff and employees as appropriate. Provider shall develop and implement a compliance program in accordance with 42 U.S.C. § 1396a (kk)(5). This Contract is required by 42 C.F.R. §438.206 and §438.214 and shall be subject to governed by the following, including any subsequent revisions or amendments thereto, (hereinafter referred to as the “Controlling Authority”):
a. Title XIX of the Social Security Act and its implementing regulations.
b. Applicable provisions of North Carolina General Statutes Chapters , N.C.G.S. Chapter 108A, 108D and 122C.
c. The the North Carolina State Plan for Medical Assistance.
d. The , the North Carolina Mental Health, Developmental Disabilities, and Substance Abuse Services (MH/DD/SA) health plan waiver authorized by the Centers for Medicare and Medicaid Services (CMS) pursuant to Section section 1915(b) of the Act, and the N.C. Home and Community Based Services Innovations waiver authorized by CMS pursuant to Section section 1915(c) of the Act.; and
e. b. The federal anti-kickback statute, 42 U.S.C. § §1320a-7b(b) and its implementing regulations; the federal False Claims Act, 31 U.S.C. §§ 3729 – 3733 and its implementing regulations; and the North Carolina Medical Providers False Claims Act, N.C. Gen. Stat. § 108A- 70§108A-70-10 et seq.; and
f. c. All federal and state MemberEnrollee’s rights and confidentiality laws and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) ), the Standard for Privacy of Individually Identifiable Health Information and its implementing regulationsHealth Insurance Reform: Security Standards, 45 CFR Parts 160, 162 and Part 164, as further expanded by alcohol and drug abuse patient records laws codified at 42 U.S.C. §290dd-2 and 42 CFR Part 2, the Health Information Technology for Economic Economics and Clinical Health Act (HITECH Act), ) adopted as part of the American Recovery and Reinvestment Act of 2009, commonly known as “ARRA” 2009 (Public Law 111-5) ), and any subsequent modifications thereofthose State laws and regulations denominated in Appendix G; the Substance Abuse Confidentiality regulations codified at 42 U.S.C. § 290dd-2 and 42 CFR Part 2; N.C.G.S. § 122C-51, et seq.; N.C.G.S. § 108A- 80; 10A NCAC Subchapter 26B; and DMH/DD/SAS Confidentiality Rules published as APSM 45-1 (effective January 2005).and
g. d. Regulations concerning access to care, utilization review, clinical studies, utilization management, care management, quality management, disclosure and credentialing activities as set forth in 42 CFR Parts parts 438, 441, 455, and 456.
h. e. State licensure and certification laws, rules and regulations applicable to Provider.Contractor; and
i. f. Applicable provisions of Chapter 122C of the North Carolina General Statutes; and
g. Medical or clinical coverage policies promulgated by the Department in accordance with N.C.G.S. § §108A-54.2.; and
j. The Alliance Provider Manual.h. Applicable provisions of Chapter 108C of the North Carolina General Statutes; and
k. Applicable federal and state records retention, recordkeeping and reporting rules, regulations and requirements, including but not limited to the DMH/DD/SAS Records Management and Documentation Manual, APSM 45-2, effective April 1, 2009, and APSM 10-3 and all applicable revisions, amendments, and/or updates.
l. i. The Americans With Disabilities Act, Titles VI and VII of the Civil Rights Act of 1964, Sections Section 503 and 504 of the Vocational Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and subsequent amendments and regulations developed pursuant thereto, to the effect that no person shall, on the grounds of sex, age, race, religious affiliation, handicap, or national origin, be subjected to discrimination in the provision of any services or in employment practices.; and
m. j. The Drug Free Workplace Act of 1988.; and
n. k. Any other applicable federal or state Lawslaws, rules or regulations, or orders regulations in effect at the time the service is renderedrendered and concerning the provision or billing of Medicaid-reimbursable or State-funded MH/DD/SA services, as specified in Appendix G. Contractor agrees to operate and provide services in accordance with Controlling Authority. Contractor shall be responsible for keeping abreast of changes to Controlling Authority and to provide education and training to its staff and employees as appropriate. Contractor shall develop and implement a compliance program in accordance with 42 U.S.C. §1396a(kk)(5).
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