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<regulation prefix="Regulation" num=".18" citation="COMAR 10.09.44.18" title_num="10" subtitle_num="09" chapter_num="44" heading="Subcontractual Relationships.">
  <paragraph num="A.">
    <text>Consistent with this chapter, the PACE provider, in performing its obligations under this chapter and the PACE program agreement, may either engage its own employees and agents or utilize the services of persons, firms, and other entities by means of contractual relationships.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The PACE provider shall have a contractor agreement for all services which are not provided directly by the PACE provider through its own employees and agents.</text>
  </paragraph>
  <paragraph num="C.">
    <text>A contractor agreement may not diminish or alter the legal responsibility of the PACE provider to the Department to assure that all obligations under this chapter and the PACE program agreement are carried out.</text>
  </paragraph>
  <paragraph num="D.">
    <text>All service contractor agreements require preapproval by the Department.</text>
  </paragraph>
  <paragraph num="E.">
    <text>If there are proposed changes in a contractor agreement with any contractor, the full contractor agreement shall be submitted to the Department for prior approval.</text>
  </paragraph>
  <paragraph num="F.">
    <text>If the Department determines that termination or expiration of a PACE provider's contractual relationship materially affects the PACE provider's ability to carry out its responsibilities under the PACE [provider agreement] Organization Provider Agreement, the Department may terminate the PACE Organization Provider Agreement.</text>
  </paragraph>
  <paragraph num="G.">
    <text>The PACE provider may contract for any health care services not furnished directly by PACE in its benefit package to a health care provider that is licensed, certified, and meets Medicaid and Medicare participation requirements.</text>
  </paragraph>
  <paragraph num="H.">
    <text>Contractors shall be legally and professionally qualified to furnish the services set forth in the contractor agreement in return for the compensation set forth in the contractor agreement.</text>
  </paragraph>
</regulation>