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<regulation prefix="Regulation" num=".03" citation="COMAR 10.67.07.03" title_num="10" subtitle_num="67" chapter_num="07" heading="Reporting.">
  <paragraph num="A.">
    <text>An MCO shall submit to the Department the following:</text>
    <paragraph num="(1)">
      <text>Encounter data in the form and manner described in COMAR 10.67.04.15B, 42 CFR §438.242(c), and 42 CFR §438.818.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Data required by the Department in order to certify the actuarial soundness of capitation rates to an MCO, under 42 CFR §438.3, including base data described in 42 CFR §438.5(c) that is generated by the MCO.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Data required by the Department to determine compliance of the MCO with the medical loss ratio requirement described in 42 CFR §438.8.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Data required by the Department and the Maryland Insurance Administration to determine that the MCO has made adequate provision against the risk of insolvency as required under 42 CFR §438.116.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Documentation described in 42 CFR §438.207(b) on which the Department bases its certification that the MCO has complied with the State’s requirements for availability and accessibility of services, including the adequacy of the provider network, as set forth in 42 CFR §438.206.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>In accordance with §F of this regulation, information on ownership and control described in 42 CFR §455.104 from an MCO and its subcontractors, as governed by 42 CFR §438.230.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>An annual report of overpayment recoveries as required in 42 CFR §438.608(d)(3).</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Any other data, documentation, or information relating to the performance of the entity’s obligations under its contract with the Department, or required by the Department or the Secretary of the Department of Health and Human Services.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>An MCO shall report to the Department any identified inaccuracies in the encounter data reported by the MCO or its subcontractors within 30 days of the date discovered regardless of the effect which the inaccuracy has upon MCO reimbursement.</text>
  </paragraph>
  <paragraph num="C.">
    <text>An MCO shall promptly report to the Department’s Office of Inspector General (OIG) any potential fraud, waste, abuse, or information it has received from whistleblowers relating to the integrity of the MCO, its network providers, or its subcontractors.</text>
  </paragraph>
  <paragraph num="D.">
    <text>An MCO shall report any potential fraud directly to the Medicaid Fraud Control Unit and the Department’s OIG, including fraud by providers, employees and subcontractors of the MCO, enrollment agents, and enrollees.</text>
  </paragraph>
  <paragraph num="E.">
    <text>After reporting any potential fraud, waste, or abuse to the Department’s OIG and to the Medicaid Fraud Control Unit, the MCO may not take the following actions without prior written approval from the State:</text>
    <paragraph num="(1)">
      <text>Contact the subject of the investigation about any matter related to the investigation;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Enter into or attempt to negotiate any settlement or agreement regarding the incident; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Accept any monetary or other type of consideration offered by the subject of the investigation in connection with the incident.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>For complaints of provider fraud and abuse that warrant a preliminary investigation, the MCO’s reports required in §§C and D of this regulation shall include:</text>
    <paragraph num="(1)">
      <text>The number of complaints;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The name and identification number of the provider being investigated;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The source of the complaint;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The type of provider;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The nature of the complaint;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The approximate dollar amount involved;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>The legal and administrative disposition of the case; and</text>
    </paragraph>
    <paragraph num="(8)">
      <text>The method by which the MCO verified that the services being investigated were actually provided to the enrollee.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>An MCO shall provide to the Department written disclosure of any affiliation prohibited under 42 CFR §438.610 and take action as directed by the Department.</text>
  </paragraph>
  <paragraph num="H.">
    <text>An MCO shall provide to the Department written disclosures of information on ownership and control required under 42 CFR §455.104, including:</text>
    <paragraph num="(1)">
      <text>The following information for any individual or corporation with an ownership or control interest in the MCO:</text>
      <paragraph num="(a)">
        <text>For individuals:</text>
        <paragraph num="(i)">
          <text>Name;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Address;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Date of birth; and</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Social Security number; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>For corporate entities:</text>
        <paragraph num="(i)">
          <text>Name;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Applicable primary business address;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Every business location and applicable P.O. Box address; and</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Other tax identification number or any subcontractor in which the MCO has a 5 percent or more interest;</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Whether the individual or corporation with an ownership or control interest in the MCO:</text>
      <paragraph num="(a)">
        <text>Is related to another person with ownership or control interest in the disclosing entity as a spouse, parent, child, or sibling; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Whether the individual or corporation with an ownership or control interest in any subcontractor in which the MCO has a 5 percent or more interest is related to another person with ownership or control interest in the MCO as a spouse, parent, child, or sibling;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The name of any other MCO in which an owner of the MCO has an ownership or control interest;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The name, address, date of birth, and Social Security number of any managing employee or agent of the MCO;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Disclosures of ownership and control information from MCOs are due at the following times:</text>
      <paragraph num="(a)">
        <text>Upon application;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Upon the managed care entity executing the contract with the State;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Upon renewal or extension of the contract; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Within 35 days after any change in ownership of the managed care entity.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="I.">
    <text>An MCO shall report to the Department all overpayments identified and recovered, specifying the overpayments due to fraud.</text>
  </paragraph>
  <paragraph num="J.">
    <text>An MCO shall report third-party liability collection activities as described in COMAR 10.67.04.18.</text>
  </paragraph>
  <paragraph num="K.">
    <text>An MCO shall report to the Department the amounts the MCO has cost-avoided and the number of third-party liability cases the MCO has handled.</text>
  </paragraph>
  <paragraph num="L.">
    <text>An MCO shall notify the Department promptly when it has knowledge of an enrollee’s change of residence or death.</text>
  </paragraph>
  <paragraph num="M.">
    <text>An MCO shall notify the Department promptly when the MCO receives information about a change in a network provider’s circumstances that may affect the network provider’s eligibility to participate in the Program, including the termination of the provider agreement with the MCO.</text>
  </paragraph>
  <paragraph num="N.">
    <text>An MCO shall submit all required data, documentation and information in the format specified by the Department.</text>
  </paragraph>
  <paragraph num="O.">
    <text>An MCO’s chief executive officer, chief financial officer, or directly-reporting authorized employee shall certify to the best of that individual’s information, knowledge, and belief, that any records, data, or other documents requested under regulations are accurate, complete and truthful.</text>
  </paragraph>
  <paragraph num="P.">
    <text>As directed by the Department’s OIG, the MCO shall submit written reports documenting its Program Integrity efforts, including but not limited to:</text>
    <paragraph num="(1)">
      <text>The dollar amount of losses and recoveries attributable to overpayment, abuse, and fraud; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The number of referrals to the Department’s OIG during the prior State fiscal year.</text>
    </paragraph>
  </paragraph>
</regulation>