Current through Register Vol. 49, No. 9, September, 2024
The following agreement is entered into
between_______________________________________________, hereinafter called
Provider, and the Arkansas Department of Health and Human Services, hereafter
called Department:
l. Provider, in
consideration of the covenants therein, agrees to the following:
A. To keep all records, as set forth in the
appropriate Arkansas Medicaid Provider Manual, Official Notice and Remittance
Advice Message, to fully disclose the extent of services provided to
individuals receiving assistance under the State Plan.
B. To make available all records herein
specified to satisfy audit requirements under the Program, to furnish all such
records for audits conducted periodically by the Department, the Medicaid Fraud
Control Unit of the Arkansas Office of the Attorney General, the U.S. Secretary
of the Department of Health and Human Services or their designated agents
and/or representatives. For all Medicaid beneficiaries, these records include,
but are not limited to those records which are defined in Section "A" of this
contract. For clients who are not Medicaid beneficiaries, the records that must
be furnished are financial records of charges billed to non-Medicaid insurance
to ensure that charges billed to Medicaid do not exceed charges billed to
non-Medicaid insurance.
1) In connection with
this contract each party hereto will receive certain confidential information
relating to the other party. For purposes of this contract, any information
furnished or made available to one party relating to the financial condition,
results of operation, business, customers, properties, assets, liabilities or
information relating to the financial condition relating to beneficiaries and
providers, including but not limited to protected health information as defined
by the Privacy Rule promulgated pursuant to the Health Insurance Portability
and Accountability Act (HIPAA) of 1996, is collectively referred to as
"Confidential Information."
2) The
contract shall safeguard the use and disclosure of information concerning
applicants for or beneficiaries of Title XIX services in accordance with 42 CFR
Part 431, Subpart F, and shall comply with 45 CFR Parts 160 and 164 and shall
restrict access to and disclosure of such information in compliance with
federal and state laws and regulations."
C. To accept assignment under Title XVIII
(Medicare) in order to receive payment under Title XIX (Medicaid) for any
applicable deductible or coinsurance that may be due and payable under Title
XIX (Medicaid).
D. To bill Medicaid
only after a service has been provided, or as otherwise specified in the
appropriate Arkansas Medicaid Provider Manual, Official Notice, or Remittance
Advice message.
E. To accept
payment from Medicaid as payment in full for a covered service, and to make no
additional charges to the beneficiary or accept any additional payment from the
beneficiary except cost share (co-pay or deductible amounts) so designated by
the Medicaid Program.
F. To take
assignment and file claims with third party sources (medical or liability
insurance, etc.), and if third party payment is made to the Provider, to
reimburse Medicaid up to the amount Medicaid paid for the services; to make no
claims against third party sources for services for which a claim has been
submitted to Medicaid; and to notify Medicaid of the identity of each third
party source discovered after submission of a claim or claims to
Medicaid.
G. To make no charge to a
beneficiary for a claim or a portion of a claim when a determination that the
service was not medically necessary is made based on the professional opinion
of appropriate and
Sualified medical persons on a committee that performs peer
review of Medicaid cases either for the ivision of Medical Services or for the
Quality Improvement Organization (QIO); except that such charge may be made to
the beneficiary when he/she has requested the service and has prior knowledge
that he/she will be responsible for the cost of such service; and to reimburse
the Division of Medical Services for all monies paid for claims for services
that later were determined "not medically necessary."
H. To provide all services without
discrimination on the grounds of race, color, national origin, or physical or
mental disability within the provisions of Title VI of the Federal Civil Rights
Act, Section 504 of the Rehabilitation Act of 1973 and the Americans with
Disabilities Act of 1990.
I. To
accept all changes legally made in the Program, and recognize and abide by such
changes upon being notified by the Medicaid Program in the form of an update
to, or an Official Notice/Remittance Advice Message pertaining to, the
appropriate Arkansas Medicaid Provider Manual.
J. That the Department has furnished the
Provider with a copy of the Arkansas Medicaid Provider Manual containing the
rules, regulations and procedures pertaining to his/her profession. The
Provider agrees that the terms and conditions contained therein shall be a part
of this contract if the same were set out verbatim herein. The Provider states
that he/she is currently licensed to practice in Arkansas or within the State
where services were rendered and agrees to promptly notify the Department if
his/her license is revoked or suspended. The Provider acknowledges by signature
on this contract that he/she has received a copy of the appropriate Arkansas
Medicaid Provider Manual.
K. To
conform to all Medicaid requirements covered in Federal or State laws,
regulations or manuals.
L. To
certify by original signature within 48 hours of
claims being submitted by an electronic media, a claim count and dollar amount
billed, that the information on the claims submitted is true, accurate and
complete. The Provider agrees to maintain this certification as a matter of
record for all claims submitted electronically, by any media.
M. To notify the Department before any change
of ownership or operating status. Upon change of ownership or operating status
the successor owner or operator shall, as a condition of assumption of this
agreement, hold the Department harmless for any rate or payment increases,
decreases, or adjustments without respect to whether the increase, decrease, or
adjustment relates to services delivered before the change in ownership or
operating status.
N. FOR HOSPITALS
ONLY
To understand that the Quality Improvement Organization
(Arkansas Foundation for Medical Care, Inc.) is responsible for the review of
Medicaid admissions to inpatient hospitals, specifically for length of stay
purposes, medical necessity and as otherwise specified in the Memorandum of
Understanding between the individual hospital and Arkansas Foundation for
Medical Care, Inc.
II. The Department, in consideration of the
material benefits and the covenants and undertakings of the Provider, agrees as
follows:
A. To make payment to the above
named Provider for the appropriate Medicaid covered services provided to
eligible Medicaid beneficiaries in accordance with the applicable Medicaid
reimbursement schedule in effect for the dates of service, and in accordance
with the manual of rules, regulations and procedures that is a part of this
contract.
B. To notify the above
named Provider of applicable changes in Medicaid rules and regulations as they
occur.
C. To safeguard the
confidentiality of any medical records received by the Department or its fiscal
intermediary, as specified in Federal and State regulations.
III. This contract may be
terminated or renewed in accordance with the following provisions:
A. This contract may be voluntarily
terminated by either party by giving thirty (30) days written notice to the
other party;
B. This contract will
be automatically renewed for one year on July 1 of each year if neither party
gives notice requesting termination;
C. This contract may be terminated
immediately by the Department for the following reasons:
1) Sanction of provider
2) Returned mail
3) Death of provider
4) Change of ownership
5) Other reasons set out in the applicable
Arkansas Medicaid Provider Manual, Official Notice or Remittance Advice
message.
6) Failure to conform to
the terms or requirements of this contract.
If the Provider is a legal entity other than a person, the
person signing this Provider Contract on behalf of the Provider warrants that
he/she has legal authority to bind the Provider. The signature of the Provider
or the person with the legal authority to bind the Provider on this contract
certifies the Provider understands that payment and satisfaction of these
claims will be made from Federal and State funds, and that any false claims,
statements, or documents, or concealment of material fact, may be prosecuted
under applicable Federal and State laws.
Click here
to view image
Click here
to view image