Delegated or Purchased Administrative Functions. The AE may delegate or purchase administrative functions in accordance with applicable provisions of Pennsylvania statute and regulation. The AE shall continue to retain responsibility for compliance with this Agreement, Written Policies and Procedures and Departmental Decisions when it delegates to or purchases administrative functions from an entity. Administrative functions are not permitted to be delegated to a qualified waiver SCO. The AE shall ensure that any delegated or purchased administrative functions are established in writing pursuant to a subcontract or agreement. If administrative functions identified in this Agreement are delegated to or purchased from an entity, the AE shall ensure pursuant to a subcontract or agreement with that entity, the administrator or director of that entity shall also be responsible for the terms and conditions attached to those administrative functions as per this Agreement, Written Policies and Procedures and Departmental Decisions. All subcontracts and agreements for delegated or purchased administrative functions must comply with 42 CFR 434.6 and 42 CFR 434.10 and must allow for periodic inspections by the Department, the United States Comptroller General, the United States Department of Health and Human Services and the authorized representatives of any of the agencies listed in this Section, to validate the quality, appropriateness and timeliness of services performed as part of the subcontract or agreement. The Department retains the authority to provide the AE with direction that must be followed related to the selection of an entity performing delegated or purchased administrative functions. Upon request by the Department, the AE shall provide the appropriate regional ODP of all administrative functions performed by or subcontracted to an entity.
