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<regulation prefix="Regulation" num=".06" citation="COMAR 10.67.02.06" title_num="10" subtitle_num="67" chapter_num="02" heading="Disenrollment.">
  <paragraph num="A.">
    <text>Enrollee-Initiated Disenrollment for Cause.</text>
    <paragraph num="(1)">
      <text>An enrollee may disenroll from an MCO and enroll into another MCO if:</text>
      <paragraph num="(a)">
        <text>The enrollee moves to a county that is not served by the enrollee's present MCO;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The family members are enrolled in different MCOs and the adult enrollee requests that other family members be enrolled in one of the MCOs in which another family member is currently enrolled;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The enrollee requests enrollment into the MCO that contracts with the PCP of any other family member who is not a HealthChoice enrollee;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The enrollee moves or becomes homeless, creating a transportation hardship that may be resolved by enrollment into another MCO serving the enrollee's new local access areas;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>The enrollee requests a change of MCO within 90 days after the termination of the enrollee's primary care provider's (PCP's) contract if the PCP's contract with the enrollee's MCO, MCO's medical management group, or its subcontractors is terminating for the following reasons:</text>
        <paragraph num="(i)">
          <text>By the MCO for reasons other than the quality of care or the PCP's failure to comply with contractual requirements related to quality assurance activities; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The MCO's reduction of PCP's reimbursement to the extent that the reduction in rate is greater than the actual change in capitation paid to the MCO by the Department, and the MCO and PCP's inability to negotiate a mutually acceptable rate;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(f)">
        <text>The enrollee is automatically assigned to an MCO or it is the enrollee's initial enrollment in an MCO as follows:</text>
        <paragraph num="(i)">
          <text>Only one request during the first 90 days of automatic assignment or initial enrollment into an MCO; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The enrollee is not hospitalized at the time of the request;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(g)">
        <text>The MCO terminates its contract with the Department in which case:</text>
        <paragraph num="(i)">
          <text>The MCO shall provide written notice to the recipient at least 60 days before the date on which the MCO will exit the HealthChoice Program;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The MCO shall include in the notice the name and provider number of the PCP assigned to the recipient and the telephone number of the enrollment broker;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>The Department shall send a notice to every enrollee of the MCO regarding the MCO's termination of its contract with the Department, at least 30 days before the effective date of the termination of the contract;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>An enrollee shall have at least 30 days before the effective date of the MCO's contract termination with the Department to choose another MCO, or will be assigned to another MCO; and</text>
        </paragraph>
        <paragraph num="(v)">
          <text>An enrollee may choose another MCO one additional time within at least 90 days after reenrollment into the new MCO;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(h)">
        <text>The MCO is acquired by another entity in which case:</text>
        <paragraph num="(i)">
          <text>The MCO shall provide written notice to the recipient at least 60 days before the date on which the MCO will exit the HealthChoice Program;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The MCO shall include in the notice the name and provider number of the PCP assigned to the recipient and the telephone number of the enrollment broker;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>The Department shall send a notice to every enrollee of the MCO regarding the change in ownership, 30 days before the effective date of the change of ownership;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>An enrollee shall have 30 days before the change of ownership to disenroll from the MCO into another participating MCO;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>If an enrollee does not choose to disenroll in accordance with §A(1)(f)(ii) of this regulation, the enrollee will be reenrolled in the newly purchased MCO; and</text>
        </paragraph>
        <paragraph num="(vi)">
          <text>An enrollee may choose another MCO one additional time within at least 90 days after reenrollment in the newly purchased MCO;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(i)">
        <text>The MCO does not, because of moral or religious objections, cover the service the enrollee seeks;</text>
      </paragraph>
      <paragraph num="(j)">
        <text>All of the following apply:</text>
        <paragraph num="(i)">
          <text>The enrollee needs related services to be performed at the same time;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Not all related services are available within the network; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>The enrollee's PCP or other provider determines that receiving the services separately would subject the enrollee to unnecessary risk; or</text>
        </paragraph>
      </paragraph>
      <paragraph num="(k)">
        <text>The Department imposes the intermediate sanction specified in 42 CFR §438.702(a) and (b), as amended.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The Department shall provide timely notification to the affected MCO of an enrollee's intention to disenroll under §A of this regulation.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Department shall allow disenrollments, subject to the Department's approval, for other reasons, including but not limited to:</text>
      <paragraph num="(a)">
        <text>Poor quality of care;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Lack of access to services covered under the contract; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Access to providers experienced in dealing with the enrollee's health care needs.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Enrollees shall make an oral or written request to the Department's enrollment agent for disenrollment.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Department-Initiated Disenrollment. The Department shall disenroll from an MCO an enrollee:</text>
    <paragraph num="(1)">
      <text>Subject to the MCO or long-term care facility obtaining the Department’s determination that the enrollee’s institutionalization has been medically necessary, who has been continuously institutionalized for a period of more than 90 successive days in a long-term care facility;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Upon admission to an intermediate care facility for individuals with intellectual disabilities or persons with related conditions (ICF/IID);</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Determined eligible for rare and expensive case management pursuant to COMAR 10.09.69;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Who loses Medicaid eligibility or who changes to an assistance category not eligible for MCO enrollment, subject, however, to Regulation .01 of this chapter;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Upon the termination of the contract between the enrollee's MCO and the Department;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Who has died;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Who has not been validly enrolled in the MCO;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Who is 65 years old or older;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Who is an inmate of a public institution, including a State operated institution or facility; or</text>
    </paragraph>
    <paragraph num="(10)">
      <text>Who is eligible to receive Medicare benefits.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The Department may disenroll individuals from an MCO which the Maryland Insurance Administration has put into rehabilitation or liquidation pursuant to Health-General Article, §15-102.2, Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="D.">
    <text>MCO Initiated Disenrollment.</text>
    <paragraph num="(1)">
      <text>An MCO may request disenrollment of an enrollee who has:</text>
      <paragraph num="(a)">
        <text>Moved outside of the MCO's service area; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Become ineligible for continued enrollment for one of the reasons specified in §B of this regulation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>An MCO may not request disenrollment as specified in 42 CFR §438.56(b)(2), as amended.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Effective Date of Disenrollment.</text>
    <paragraph num="(1)">
      <text>Except as specified in §E(2)—(6) of this regulation, an enrollee's disenrollment is effective on the 10th calendar day after the enrollee selects a new MCO.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An enrollee's disenrollment shall take effect:</text>
      <paragraph num="(a)">
        <text>Immediately when the enrollee dies;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>From the first day of the month following the month that the enrollee lost Medicaid eligibility;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>On the first day of the month following the month in which the Department receives the required notification, when the enrollee permanently relocates outside of the State; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>From the first day of the month following the month in which the Department verifies an enrollee is an inmate.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>When an enrollee becomes eligible for Medicare, the enrollee’s disenrollment from the MCO is effective on the:</text>
      <paragraph num="(a)">
        <text>First day of the month following the month in which the Program receives notice of Medicare eligibility; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Last day of the month before the month in which the enrollee turns 65 years old.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Termination of enrollment resulting from termination of the contract between the Department and an MCO shall be effective on the date the Department terminates the contract.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Termination of enrollment resulting from the MCO being placed into rehabilitation or liquidation by the Maryland Insurance Administration shall be effective on the date the Department notifies the MCO of the disenrollment.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>In the case of an enrollee's death, the Department has the right to recover any capitation payments made on behalf of an enrollee for the period beginning on the date of death.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>An MCO shall:</text>
    <paragraph num="(1)">
      <text>Make a good faith effort to give written notice to the Department when enrollees have the right to change MCOs under §A(1)(e) of this regulation 90 days before the effective date of the termination;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Provide the Department with a list of the affected enrollees in a format specified by the Department; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If applicable, provide the termination survey required under COMAR 10.67.04.17B(4).</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>The Department shall notify enrollees who may change MCOs under §A(1)(e) of this regulation.</text>
  </paragraph>
  <paragraph num="H.">
    <text>At the Department’s discretion, an MCO may be required to reimburse the Department for the costs associated with the mailing of the notifications in §G of this regulation.</text>
  </paragraph>
</regulation>