Conn. Agencies Regs. § 17a-453a-13 - Provider contract
(a) DMHAS, in its
sole discretion, may extend an offer to contract with a provider who has been
credentialed for covered behavioral health services under the GABHP.
(1) A provider who has been credentialed for
a covered behavioral health service may not participate in the GABHP unless the
provider has executed a contract with DMHAS to deliver a covered behavioral
health service to eligible recipients. The contract shall specify the terms and
conditions that shall govern the GABHP and to which the contracted provider
must adhere in order to participate in the GABHP.
(2) DMHAS shall not pay for covered
behavioral health services that are delivered to eligible recipients in the
absence of a fully executed contract with DMHAS, unless covered behavioral
health services were delivered by an out-of-network provider as specified in
section
17a-453a-19
of the Regulations of Connecticut State Agencies.
(b) DMHAS may terminate a contract with a
contracted provider after giving the contracted provider a thirty (30) calendar
days written notification or such notice as otherwise required by law and
regulation. The commissioner, in his or her sole discretion, may terminate the
contracted provider's contract for reasons that include, but are not limited
to, the following:
(1) Loss, revocation,
suspension, surrender or non-renewal of any credential required by section
17a-453a-12
of the Regulations of Connecticut State Agencies, such as the contracted
provider's facility license or any other credential required as a condition of
eligibility;
(2) The contracted
provider has a diminished ability to provide covered behavioral health services
legally, including disciplinary action by a governmental agency or licensing
board that impairs the contracted provider's ability to practice;
(3) Loss of Drug Enforcement Administration
(DEA) certification;
(4) Failure to
comply with DMHAS credentialing and re-credentialing requirements and criteria
as specified in section
17a-453a-12
of the Regulations of Connecticut State Agencies;
(5) Failure to notify DMHAS of any event that
would affect or modify the information contained in the contracted provider's
application for participation in the GABHP;
(6) Disciplinary action by any other state,
governmental agency or licensing board; and
(7) Termination of, or failure to maintain,
adequate malpractice insurance coverage.
(d)
Termination reconsideration
process:
(1) A provider terminated from
participation in the GABHP may request reconsideration of such termination.
Such request shall be submitted in writing to the commissioner not more than
ten (10) calendar days after the date of receipt of such termination
notice;
(2) The commissioner, in
his or her sole discretion, shall determine whether to reinstate a
provider;
(3) The commissioner may
reinstate a provider to participate in the GABHP. Such participation may be
subject to conditions and limitations as determined by DMHAS.
(4) Following a decision to terminate a
contracted provider's participation or upon the expiration of the ten (10)
calendar day period for the provider to request reconsideration of termination,
the commissioner shall publish a notice of termination in the Connecticut Law
Journal. The commissioner may take any steps necessary to inform the public of
the provider's termination from the GABHP.
(e) The commissioner may seek to terminate a
contracted provider's contract after giving the contracted provider thirty (30)
calendar days' written notice, based upon any of the following circumstances:
(1) Fraud, such as, the contracted provider:
(A) Presents a false claim for
payment;
(B) Accepts payment for
goods or services delivered that exceeds the amount due for the goods or
covered behavioral health services delivered to eligible recipients;
(C) Solicits to deliver or delivers covered
behavioral health services for any eligible recipient, knowing that such
eligible recipient is not in need of such covered behavioral health
services;
(D) Accepts from any
person or source other than the GABHP any additional compensation in excess of
the amount authorized as specified in section
17a-453a-14
of the Regulations of Connecticut State Agencies; or
(E) Presents a claim for payment to DMHAS or
its designated agent for covered behavioral health services that were not
delivered to an eligible recipient;
(2) Failure to comply with the terms and
conditions established in the contract;
(3) Failure to comply with DMHAS quality
management and utilization review, as specified in section
17a-453a-10 of
the Regulations of Connecticut State Agencies;
(4) Failure to deliver covered behavioral
health services to eligible recipients in an ethical manner;
(5) Neglect of or failure to perform
contracted provider duties as specified in the contract with DMHAS;
(6) Failure to implement corrective action
required by DMHAS as the result of an audit as specified in section
17a-453a-16 of the
Regulations of Connecticut State Agencies; and
(7) Any other breach of the contracted
provider's GABHP contract that is not corrected by the contracted provider not
later than thirty (30) calendar days after receipt of notice from DMHAS or its
designated agent.
(f) If
the commissioner seeks to terminate a contracted provider's contract for any
reason as specified in subsection (e) of this section, the contracted provider
may request an administrative hearing as specified in section
17a-453a-17
of the Regulations of Connecticut State Agencies.
(g) The contract is effective through the
date specified in the contract and, if not renewed, it is considered expired
without prejudice to the provider.
Notes
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