New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter B - Public Assistance
Article 2 - Determination of Eligibility-Categorical
Part 360 - MEDICAL ASSISTANCE
Subpart 360-10 - MEDICAID MANAGED CARE PROGRAMS
Section 360-10.10 - MMCO unacceptable practices
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 360-10.10
Current through Register Vol. 46, No. 39, September 25, 2024
(a) In addition to the unacceptable practices set forth in Part 515 of this Title, it is an unacceptable practice for an MMCO or any of its subcontractors to:
(1) fail to
provide or arrange for medically necessary services that the MMCO is required
to provide under its contract with the State;
(2) impose premiums or charges on enrollees
that are in excess of the premiums or charges allowed under the Medicaid
managed care program or the Family Health Plus Program;
(3) discriminate among enrollees on the basis
of their health status or need for health care services. This includes requests
for termination of enrollment by the MMCO, refusal by the MMCO to re-enroll an
enrollee, or any practice to discourage enrollment, except when an enrollee has
been disenrolled at the request of the MMCO in accordance with the guidelines
in the contract between the MMCO and the State;
(4) provide false or misleading information
to a prospective enrollee, health care provider, social services district, the
State, or the Federal government;
(5) commit one of the prohibited
marketing/outreach or enrollment practices defined in section
360-10.9(j)
of this Subpart;
(6) violate any
other applicable requirements of section 1903 or 1932 of the Federal Social
Security Act and implementing regulations; or
(7) fail to comply with the terms of the
contract with the State.
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