Current through Register Vol. 43, No. 39, September 26, 2024
The following shall be prerequisites for participation in and
payment from the medicaid/medikan program. Any provider of services to foster
care consumers, adoption support consumers, Kan Be Healthy consumers, or other
consumers who have special needs may be excluded from these prerequisites if
the secretary determines that a medically necessary item of durable medical
equipment or a medically necessary service can be cost-efficiently obtained
only from a provider not otherwise eligible to be enrolled within the current
program guidelines.
(a) Enrollment.
Each participating provider shall perform the following:
(1) Submit an application for participation
in the medicaid/medikan program on forms prescribed by the secretary of the
Kansas department of social and rehabilitation services;
(2) obtain and maintain professional or
department-specified credentials determined by the secretary in the
jurisdiction where the service is provided and for the time period when the
service is provided and, if applicable, be certified, licensed, or registered
by the appropriate professional credentialing authority;
(3) notify the Kansas department of social
and rehabilitation services if any of the original information provided on the
application changes during the term of participation in the medicaid/medikan
program;
(4) after completing the
necessary application forms and receiving notice of approval to participate
from the department, enter into and keep a provider agreement with the Kansas
department of social and rehabilitation services;
(5) notify the Kansas department of social
and rehabilitation services when a change of provider ownership occurs, submit
new ownership information on forms for application for participation in the
medicaid/medikan program, and receive approval from the department for
participation as a new provider before reimbursement for services rendered to
medicaid/medikan program consumers is made;
(6) locate a consumer service representative
who is available 24 hours per day and a business in Kansas or a border city
that is accessible, in accordance with the applicable Americans with
disabilities act guidelines, to the general public between the hours of 9:00
a.m. and 5:00 p.m. at a minimum, excluding weekends and state and federal
holidays, if applying to be a durable medical equipment or medical supply
provider. Any pharmacy located in Kansas or a border city that has a medical
provider number may enroll as a durable medical equipment provider even if no
storefront is present; and
(7) be
located in Kansas or a border city if applying to be a pharmacy, unless the
pharmacy is providing services to children in the custody of the secretary of
the Kansas department of social and rehabilitation services or to program
cunsumers in emergency situations. The only exceptions to this requirement
shall be the following:
(A) A pharmacy that
is an approved contractor with the Kansas department of health and environment
as a supplier of intravenous blood fraction products. This exception shall
apply only to reimbursement for the intravenous blood fraction products; and
(B) a mail order pharmacy that
serves medicaid consumers with a primary payor other than medicaid.
(b) Denial of
application. If an application for participation in the medicaid/medikan
program is denied, the applicant shall be notified in writing by the
department.
(c) Continuing
participation. Each participating provider shall perform the following:
(1) Comply with applicable state and federal
laws, regulations, or other program requirements;
(2) comply with the terms of the provider
agreement;
(3) submit accurate
claims or cost reports;
(4) submit
claims only for covered services provided to consumers;
(5) engage in ethical and professional
conduct;
(6) provide goods,
services, or supplies that meet professionally recognized standards of quality;
(7) submit a new application for
participation in the medicaid/medikan program if a claim has been submitted for
payment and if at least 18 months have elapsed since a previous claim for
payment was submitted; and
(8)
refund any overpayment to the program within a period of time specified by the
secretary or lose eligibility to participate.
(d) Recordkeeping. Each participating
provider shall perform the following:
(1)
Maintain and furnish within the time frame specified in a request any
information for five years from the date of service that the Kansas department
of social and rehabilitation services, its designee, or any other governmental
agency acting in its official capacity may request to ensure proper payment by
the medicaid/medikan program, to substantiate claims for medicaid/medikan
program payments, and to complete determinations of medicaid/medikan program
overpayments. This information shall include the following:
(A) Fiscal, medical, and other recordkeeping
systems;
(B) matters of the
provider's ownership, organization, and operation, including documentation as
to whether transactions occurred between related parties;
(C) documentation of asset acquisition,
lease, sale, or other action;
(D)
franchise or management arrangements;
(E) matters pertaining to costs of operation;
(F) amounts of income received, by
source and purpose; and
(G) a
statement of changes in financial position;
(2) use standardized definitions, accounting,
statistics, and reporting practices that are widely accepted in the provider's
field;
(3) permit the Kansas
department of social and rehabilitation services, its designee, or any other
governmental agency acting in its official capacity to examine any records and
documents that are necessary to ascertain information pertinent to the
determination of the proper amount of a payment due from the medicaid/medikan
program; and
(4) agree to repay
overpayment determinations resulting from the use of sampling techniques.
(e) Payment. Each
participating provider shall meet the following conditions:
(1) Accept as payment in full, subject to
audit when applicable, the amount paid by the medicaid/medikan program for
covered services;
(2) not assign
medicaid/medikan program claims or grant a power of attorney over or otherwise
transfer right to payment for these claims except as set forth in
42 CFR
447.10, revised July 24, 1996, which is
adopted by reference;
(3) not
charge medicaid/medikan program consumers for services denied for payment by
the medicaid/medikan program because the provider has failed to meet a program
requirement including prior authorization;
(4) not charge any medicaid/medikan program
consumer for noncovered services unless the provider has informed the consumer,
in advance and in writing, that the consumer is responsible for noncovered
services;
(5) not charge
medicaid/medikan program consumers for services covered by the program, with
the exception of claims liable to spenddown or copayment;
(6) submit claims for payment on claim forms
approved and prescribed by the secretary; and
(7) be subject to the payment limitations
specified in K.A.R. 30-5-70.
(f) Provider participation in the
medicaid/medikan program may be disallowed for any of the reasons set forth in
K.A.R. 30-5-60.