N.J. Admin. Code § 10:79A-1.2 - Statement of purpose and goals
(a) This chapter implements
P.L.
2011 , c. 114 , by
establishing, and thereby allowing the Department to implement, rules for such
a demonstration project in a manner that addresses issues including, but not
limited to, project standards, antitrust laws (including the active supervision
prong of the State Action Immunity Doctrine ( California Retail Liquor Dealers
Association v. Midcal Aluminum, Inc., 445 US 97 (1980))), and the Departments
exercise of independent judgment and control in its oversight and regulation of
the conduct of the Medicaid ACOs in the Demonstration Project.
(b) The Demonstration Project encourages
additional appropriate care, not reduced care, for the most vulnerable
beneficiaries; and the Demonstration Project does not contain mechanisms to
control access, such as pre-certification activities or processes for denying
care.
(c) The Department, in
consultation with the Office of the Attorney General, will exercise ongoing
oversight and regulation of the conduct of the Medicaid ACOs in the
Demonstration Project to safeguard against violations of Federal
laws.
Notes
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