<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".22" citation="COMAR 10.67.04.22" title_num="10" subtitle_num="67" chapter_num="04" heading="Stop Loss Program.">
  <paragraph num="A.">
    <text>An MCO shall qualify for protection under the Stop Loss Program if:</text>
    <paragraph num="(1)">
      <text>It was participating in HealthChoice as of April 1, 1999;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>It was unable to self-insure or obtain a contract with another entity for Stop Loss reinsurance after July 1, 1999; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>By July 1, 1999, the MCO requested the Department to continue to provide Stop Loss Protection at a rate determined by the Department.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>An MCO shall notify the Department that the acute inpatient hospital costs of an enrollee are expected to exceed the Stop Loss limit as soon as it knows that this is likely to occur.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Upon confirming eligibility for stop loss protection, the Department shall assume liability for reimbursement of 90 percent of accrued acute inpatient hospital charges according to established Medicaid fee-for-service rates for medically necessary acute inpatient treatment rendered to the enrollee above the stop loss limit throughout the remainder of the calendar year.</text>
  </paragraph>
  <paragraph num="D.">
    <text>An MCO shall remain financially liable for reimbursing 10 percent of accrued acute inpatient hospital charges for medically necessary treatment rendered to the enrollee above the stop loss limit throughout the remainder of the calendar year, and shall maintain full responsibility for the provision of health care services to the enrollee.</text>
  </paragraph>
  <paragraph num="E.">
    <text>At the beginning of the next calendar year, an MCO shall reassume full financial responsibility and full discretion for developing medical treatment plans for any enrollee who qualified for the Stop Loss Program.</text>
  </paragraph>
  <paragraph num="F.">
    <text>The Department's Extended Stop Loss Period.</text>
    <paragraph num="(1)">
      <text>If an inpatient enrollee remains hospitalized at the end of a calendar year and incurs acute hospital costs that exceed the Stop Loss limit into the following calendar year without interruption, the Department's stop loss period shall be extended until the end of that hospitalization.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The MCO shall remain financially liable for costs up to the Stop Loss limit for enrollees who remain hospitalized in an acute setting at the end of the calendar year as specified in §§A and D of this regulation until the enrollee is discharged.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>For calendar year 2001 and beyond, the MCO shall submit the MCO's Stop Loss Reinsurance Plan or Self-Insurance Plan to the Maryland Insurance Administration.</text>
  </paragraph>
  <paragraph num="H.">
    <text>If an MCO chooses to have the Department provide its Stop Loss coverage, an adjustment will be made to the capitation amount the MCO is paid.</text>
  </paragraph>
  <paragraph num="I.">
    <text>Upon the termination of the provider agreement between the enrollee's MCO and the Department, if an MCO has failed to fulfill its financial liability under this regulation, the Department shall assume responsibility only for costs that exceed the Stop Loss limit as specified in §C of this regulation.</text>
  </paragraph>
</regulation>