Article
1
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Recitals
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1.1
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IDENTIFICATION
OF PARTIES
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This
Participation Agreement is between the United States of America
(USA) through the Department of Defense (DoD), Defense Health Agency
(hereinafter DHA), the administering activity
for the DHA and _________________________________________ (hereinafter designated
the PHP).
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1.2
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AUTHORITY
FOR PARTIAL HOSPITAL CARE
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The
implementing regulations for DHA, 32 Code of Federal Regulations
(CFR), Part 199, provides for cost-sharing of partial hospital care
under certain conditions.
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1.3
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PURPOSE
OF PARTICIPATION AGREEMENT
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It
is the purpose of this Participation Agreement
to recognize the undersigned PHP as an authorized provider of partial
hospital care, subject to the terms and conditions of this agreement,
and applicable federal law and regulation.
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Article
2
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Definitions
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2.1
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AUTHORIZED
DHA REPRESENTATIVES
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The
authorized representative(s) of the Director, DHA or designee, may
include, but are not limited to, DHA staff, DoD personnel, and contractors,
such as private sector accounting/audit firm(s) and/or utilization
review and survey firm(s). Authorized representatives will be specifically designated
as such.
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2.2
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BILLING
NUMBER
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The
billing number for all partial hospitalization services is the PHP’s
Employer’s Identification Number (EIN). In most situations,
each EIN must enter into a separate Participation Agreement with
the Director, DHA or designee. This number must be
used until the provider is officially notified by DHA or a designee
of a change. The PHP’s billing number is shown on the face sheet of
this agreement.
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2.3
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ADMISSION
AND DISCHARGE
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(a)
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An
admission occurs upon the formal acceptance by the PHP of a beneficiary
for the purpose of participating in the therapeutic program with
the registration and assignment of a patient number or designation.
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(b)
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A
discharge occurs at the time that the PHP formally releases the
patient from partial hospitalization status; or when the patient
is admitted to another level of care.
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2.4
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MENTAL
DISORDER
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As
defined in the 32 CFR 199.2:
For the purposes of the payment of benefits, a mental
disorder is a nervous or mental condition that involves a clinically
significant behavioral or psychological syndrome or pattern that
is associated with a painful symptom, such as distress, and that
impairs a patient’s ability to function in one or more major life
activities. An SUD is a mental condition that involves
a maladaptive pattern of substance use leading to clinically significant
impairment or distress; impaired control over substance use; social
impairment; and risky use of a substance(s). Additionally,
the mental disorder must be one of those conditions listed in the current
edition of the Diagnostic and Statistical Manual of Mental
Disorders (DSM). “Conditions
Not Attributable to a Mental Disorder,” or V codes
(Z codes in the International Classification of Diseases,
10th Revision, Clinical Modification (ICD-10-CM), are not considered diagnosable
mental disorders. Co-occurring mental and SUDs common and assessment
should proceed as soon as it is possible to distinguish the substance
related symptoms from other independent conditions.
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2.5
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PARTIAL
HOSPITALIZATION
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As
defined by 32 CFR 199.2(b),
partial hospitalization is a treatment setting capable of providing an
interdisciplinary program of medical therapeutic services ,
to include management of withdrawal symptoms, as medically indicated.
Services may include day, evening, night, and weekend
treatment programs which employ an integrated, comprehensive and
complementary schedule of recognized treatment approaches. Partial
hospitalization is a time-limited, ambulatory, active treatment
program that offers therapeutically intensive, coordinated, and structured
clinical services within a stable therapeutic environment. PHP is
an appropriate setting for crisis stabilization, treatment of partially
stabilized mental health disorders, and transition from an inpatient
program when medically necessary. Such programs must enter into
a Participation Agreement
with TRICARE, and be accredited and in substantial compliance with the Joint
Commission ( TJC) , the
Commission on Accreditation of Rehabilitation Facilities (CARF)
the Council on Accreditation (CoA), or by an accrediting organization
approved by the Director, DHA. The contractor may submit (via the
TRICARE Regional Office (TRO), the TRICARE Overseas Program Office
(TOPO), or the Contracting Officer’s Representative (COR) for the
Uniformed Services Family Health Plans (USFHP)), additional accrediting
organizations for TRICARE authorization, subject to approval by
the Director, DHA. PHPs are differentiated from:
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(a)
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Acute
psychoactive substance use treatment and from treatment of acute
biomedical/mental health problems; which problems are either life-threatening
and/or severely incapacitating and often occur within the context
of a discrete episode of addiction-related biomedical or psychiatric
dysfunction;
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(b)
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An
inpatient/residential Substance Use Disorder Rehabilitation Facility
(SUDRF), as defined in 32 CFR 199.2,
which serves patients with SUDs through an inpatient rehabilitation
program on a 24-hour, seven-day-per week basis (see the TRICARE
Policy Manual (TPM), Chapter 11, Addendum D for the SUDRF Participation
Agreement);
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(c)
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An
Intensive Outpatient Program (IOP), as defined in 32 CFR 199.2, which serves patients in a day
or evening program not requiring 24-hour care for mental health
or SUDs (see TPM, Chapter 11, Addendum G for the IOP Participation
Agreement);
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(d)
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An
Opioid Treatment Program (OTP), as defined in 32 CFR 199.2, which serves patients in a treatment
setting for opioid treatment (see TPM, Chapter 11, Addendum H for the OTP Participation
Agreement);
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(e)
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A
group home, sober-living environment, halfway house, or three-quarter
way house;Therapeutic schools, which are educational programs supplemented
by addiction- focused services;
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(f)
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Therapeutic
schools, which are educational programs supplemented by addiction-
focused services;
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(g)
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Facilities
that treat patients with primary psychotic diagnoses other than
psychoactive substance use or dependence;
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(h)
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Facilities
that care for patients with the primary diagnosis of mental retardation
or developmental disability.
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Article
3
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Performance
Provisions
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3.1
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GENERAL
AGREEMENT
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(a)
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The
PHP agrees to render partial hospitalization services to eligible
beneficiaries in need of such services, in accordance with this Participation Agreement
and the 32 CFR 199. These services shall include board, patient
assessment, psychological testing, treatment services, social services,
educational services, family therapy, case management, and
such other services as are required by the 32 CFR 199.
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(b)
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The
PHP agrees that all certifications and information provided to the
Director, DHA or designee, incident to the process of obtaining
and retaining authorized provider status is accurate and that it
has no material errors or omissions. In the case of any misrepresentations, whether
by inaccurate information being provided or material facts withheld,
authorized provider status will be denied or terminated, and the
PHP will be ineligible for consideration for authorized provider
status for a two year period. Termination of authorized PHP status
will be pursuant to Article 13 of this agreement.
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(c)
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The
PHP shall not be considered an authorized provider nor may any benefits
be paid to the PHP for any services provided prior to the date the
PHP is approved by the Director, DHA, or designee, as evidenced
by signature on the Participation Agreement.
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3.2
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LIMIT
ON RATE BILLED
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(a)
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The
PHP agrees to limit charges for services to beneficiaries to the
rate set forth in this agreement.
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(b)
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The
PHP agrees to charge only for services to beneficiaries that qualify
within the limits of law, regulation, and this agreement.
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3.3
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ACCREDITATION
AND STANDARDS
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The
PHP hereby agrees to:
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(a)
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Be
licensed to provide PHP services within the applicable jurisdiction
in which it operates.
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(b)
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PHPs
shall be currently accredited by and remain in compliance
with standards issued by TJC, CARF,
CoA, or an accrediting organization approved by the Director, DHA.
The contractor may submit (via the TRO, the TOPO, or the COR for
the USFHP) additional accrediting organizations for TRICARE authorization,
subject to approval by the Director, DHA.
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(c)
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Accept
the allowable PHP rate, as provided in 32 CFR 199.14(a)(2)(ix), as payment in full
for services provided.
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(d)
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Comply
with all requirements of 32 CFR 199.4 applicable
to institutional providers generally concerning preauthorization,
concurrent care review, claims processing, beneficiary liability, double
coverage, utilization and quality review, and other
matters.
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(e)
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Ensure
that all mental health services are provided by qualified mental
health providers who meet the requirements for individual professional
providers. (Exception: PHPs that employ individuals with master’s
or doctoral level degrees in a mental health discipline who do not meet
the licensure, certification, and experience requirements for a
qualified mental health provider but are actively working toward
licensure or certification, may provide mental health services within
the per diem rate but the individual must work under the direct
clinical supervision of a fully qualified mental health provider
employed by the PHP.) All other program services will be provided
by trained, licensed staff.
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(f)
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Ensure
the provision of an active family therapy component which ensures
that each patient and family participate at least weekly in family
therapy provided by the institution and rendered by an authorized
mental health provider.
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(g)
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Not
bill the beneficiary for services in excess of the cost-share or
services for which payment is disallowed for failure to comply with
requirements for preauthorization.
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(h)
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Not
bill the beneficiary for services excluded on the basis of 32 CFR 199.4(g)(1) (not medically or
psychologically necessary), (g)(3) (inappropriate level of care) or (g)(7) (custodial care), unless the beneficiary
has agreed in writing to pay for the care, knowing the specific
care in question has been determined as noncovered. (A general statement
signed at admission as to financial liability does not fill this requirement.)
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3.4
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QUALITY
OF CARE
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(a)
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The
PHP shall assure that any and all eligible beneficiaries receive
partial hospitalization services which comply with standards in
Article 3.3.
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(b)
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The
PHP shall provide partial hospitalization services in the same manner
to beneficiaries as it provides to all patients to whom it renders
services.
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(c)
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The
PHP shall not discriminate against beneficiaries in any manner including
admission practices, placement in special or separate
wings or rooms, or provisions of special or limited treatment.
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3.5
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BILLING
FORM
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The
PHP shall use the Centers for Medicare and Medicaid Services (CMS)
1450 UB-04 billing form and the CMS 1500 Claim Form
for outpatient services (or subsequent editions).
PHPs shall identify PHP care on the billing form in the remarks
block by stating “PHP care”.
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3.6
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COMPLIANCE
WITH DHA UTILIZATION REVIEW ACTIVITIES
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Under
the terms of this agreement, the PHP shall:
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(a)
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Appoint
a single individual within the facility to serve as the point of
contact for conducting utilization review activities with DHA or
its designee. The PHP will inform DHA
in writing of the designated individual.
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(b)
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Promptly
provide medical records and other documentation required in support
of the utilization review process upon request by DHA or its designee.
Confidentiality considerations are not valid reasons for refusal
to submit medical records on any beneficiary. Failure to comply
with documentation requirements will usually result in denial of authorization of
care.
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(c)
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Maintain
medical records, including progress notes, clinical formulation,
and the master treatment plan, to include documentation of standardized
assessment measures for Post-Traumatic Stress Disorder (PTSD), Generalized
Anxiety Disorder (GAD), and Major Depressive Disorder (MDD) using
the PTSD Checklist (PCL), GAD-7, and Patient Health Questionnaire (PHQ)-8,
respectively, at baseline, at 60-120 day intervals, and at discharge
(see Chapter 1, Section 5.1 for details); in compliance
with standards and regulations.
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Article
4
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Payment
Provisions
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4.1
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RATE
STRUCTURE: DETERMINATION OF RATE
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The
TRICARE rate is the per diem rate that TRICARE will authorize for
all mental health services rendered to a patient and the patient’s
family as part of the total treatment plan submitted by a approved
PHP, and approved by DHA or a designee. The per diem rate will be
as specified in 32 CFR 199.14(a)(2)(ix)(A); for any PHP
(minimum of six hours), the maximum per diem payment is 40% of the
average inpatient per diem amount per case paid to both high and
low volume psychiatric hospitals and units (as defined in 32 CFR 199.14(a)(2)) by Federal census region
during Fiscal Year (FY) 1990.
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4.2
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PHP
SERVICES INCLUDED IN PER DIEM PAYMENT
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The
per diem payment amount must be accepted as payment in full for
all institutional services provided, including board, patient assessment,
treatment services (with the exception of the psychotherapy
sessions which may be allowed separately
for individual or family psychotherapy when provided and billed
by an authorized professional provider who is not employed by or under
contract with the PHP), routine nursing services, educational services,
ancillary services (including art, music, dance, occupational, recreational,
and other such therapies), psychological testing and assessments, case
management services, overhead and any other services
for which the customary practice among similar providers is included
as part of institutional charges. Non-mental-health-related medical
services may be separately allowed when provided and billed by an
authorized independent professional provider not employed by or
under contract with the PHP. This includes ambulance services when
medically necessary for emergency transportation. Note: The PHP
may not enforce or control separate billing for professional services.
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4.3
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OTHER
PAYMENT REQUIREMENTS
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No
payment is due for leave days, for days in which treatment is not
provided, for days on which the patient is absent from treatment
(whether excused or unexcused). Hours devoted to education do not
count toward the therapeutic program and TRICARE will not separately reimburse
educational services (see Article 5.2).
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4.4
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PREREQUISITES
FOR PAYMENT
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Provided
that there shall first have been a submission of claims in accordance
with procedures, the PHP shall be paid based upon the allowance
of the rate determined in accordance with the prevailing 32 CFR 199.14 (see Article 4.1), and contingent
upon certain conditions provided in the 32 CFR 199, and
in particular the following:
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(a)
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The
patient seeking admission is suffering from a mental disorder,
to include SUD, which meets the diagnostic criteria
of the current edition of the DSM and
meets the TRICARE definition of a mental disorder.
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(b)
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The
patient meets the criteria for admission to a PHP issued by the
Director, DHA or designee.
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(c)
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A
qualified mental health professional who meets requirements for
individual professional providers and who is permitted by law and
by the PHP recommends that the patient be admitted to the PHP.
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(d)
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A
qualified mental health professional with admitting privileges who
meets the requirements for individual professional providers will
be responsible for the development, supervision, implementation,
and assessment of a written, individualized, interdisciplinary clinical formulation
and plan of treatment.
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(e)
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All
services are provided by or under the supervision of an authorized
mental health provider (see Article 3.3(g)).
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(f)
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The
patient meets eligibility requirements for coverage.
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4.5
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DETERMINED
RATE AS PAYMENT IN FULL
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(a)
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The
PHP agrees to accept the rate determined pursuant to the 32 CFR 199.14 (see Article 4.1) as the total
charge for services furnished by the PHP to beneficiaries. The PHP
agrees to accept the rate even if it is less than the billed amount,
and also agrees to accept the amount paid, combined with the cost-share
amount and deductible, if any, paid by or on behalf of the beneficiary,
as full payment for the PHP services. The PHP agrees to make no
attempt to collect from the beneficiary or beneficiary’s family,
except as provided in Article 4.6(a), amounts for PHP services in
excess of the rate.
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(b)
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The
PHP agrees to submit all claims as a participating provider. DHA
agrees to make payment of the determined rate directly to the PHP
for any care authorized under this agreement.
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(c)
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The
PHP agrees to submit claims for services provided to beneficiaries
at least every 30 days (except to the extent delay is necessitated
by efforts to first collect from other health insurance). If claims
are not submitted at least every 30 days, the PHP agrees not to
bill the beneficiary or the beneficiary’s family for any amounts
disallowed.
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4.6
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TRICARE
AS SECONDARY PAYOR
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(a)
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The
PHP is subject to the provisions of 10 United States Code (USC)
Section 1079 (j)(1). The PHP must submit claims first to all other
insurance plans and/or medical service or health plans under which
the beneficiary has coverage prior to submitting a claim to TRICARE.
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(b)
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Failure
to collect first from primary health insurers and/or sponsoring
agencies is a violation of this agreement, may result in denial
or reduction of payment, and may result in a false claim against
the United States (U.S.). It may also result in termination of this
agreement by DHA pursuant to Article 8.
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4.7
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COLLECTION
OF COST-SHARE
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(a)
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The
PHP agrees to collect from the beneficiary or the parents or guardian
of the beneficiary only those amounts applicable to the patient’s
cost-share (copayment) as defined in 32 CFR 199.4,
and services and supplies which are not a benefit.
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(b)
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The
PHP’s failure to collect or to make diligent effort to collect the
beneficiary’s cost-share (copayment) as determined by policy is
a violation of this agreement, may result in denial or reduction
of payment, and may result in a false claim against the U.S. It
may also result in termination by DHA of this agreement pursuant
to Article 13.
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4.8
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BENEFICIARY
RIGHTS
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If
the PHP fails to abide by the terms of this Participation Agreement
and DHA or its designee either denies the claim or claims and/or
terminates the agreement as a result, the PHP agrees to forego its
rights, if any, to pursue the amounts not paid by TRICARE from the
beneficiary or the beneficiary’s family.
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Article
5
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Educational
Services
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5.1
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EDUCATIONAL
SERVICES REQUIRED
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Programs
treating children and adolescents must ensure the provision of a
state certified educational component which assures that the patients
do not fall behind in educational placement while receiving partial
hospital treatment.
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5.2
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REIMBURSEMENT
OF EDUCATIONAL SERVICES
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Any
charges for educational services are included in the per diem payment.
TRICARE will not separately reimburse educational services. The
hours devoted to education do not count toward the therapeutic program.
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Article
6
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Records
And Audit Provisions
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6.1
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ON-SITE
AND OFF-SITE REVIEWS/AUDITS
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The
PHP grants the Director, DHA or designee, the right to conduct on-site
or off-site reviews or accounting audits with full access to patients
and records. The audits may be conducted on a scheduled or unscheduled
(unannounced) basis. This right to audit/review includes, but is
not limited to, the right to:
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(a)
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Examine
fiscal and all other records of the PHP which would confirm compliance
with this agreement and designation as an authorized PHP provider.
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(b)
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Conduct
audits of PHP records including clinical, financial, and census
records to determine the nature of the services being provided,
and the basis for charges and claims against the U.S. for services
provided to beneficiaries. The Director, DHA, or designee, shall
have full access to records of both TRICARE and non-TRICARE patients. Note:
In most cases, only TRICARE patients’ records will be audited. Examples
of situations where non-TRICARE patient records would be requested
may be in situations of differential quality of care assessments
or to identify systemic quality or safety concerns.
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(c)
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Examine
reports of evaluations and inspections conducted by federal, state,
local Government, and private agencies and organizations.
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(d)
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Conduct
on-site inspections of the facilities of the PHP and interview employees,
members of the staff, contractors, board members, volunteers, and
patients, as required.
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(e)
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Release
copies of final review reports (including reports of on-site reviews)
under the Freedom of Information Act (FOIA).
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6.2
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RIGHT
TO UNANNOUNCED INSPECTION OF RECORDS
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(a)
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DHA
and its authorized agents shall have the authority to visit and
inspect the PHP at all reasonable times on an unannounced basis.
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(b)
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The
PHP’s records shall be available and open for review by DHA during
normal working hours, from 8 a.m. to 5 p.m., Monday through Friday,
on an unannounced basis.
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6.3
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CERTIFIED
COST REPORTS
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Upon
request, the PHP shall furnish DHA or a designee the audited cost
reports certified by an independent auditing agency.
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6.4
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RECORDS
REQUESTED BY DHA
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Upon
request, the PHP shall furnish DHA or a designee such records, including
medical records and patient census records, that would allow DHA
or a designee to determine the quality and cost-effectiveness of
care rendered.
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6.5
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FAILURE
TO COMPLY
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Failure
to allow audits/reviews and/or to provide records constitutes a
material breach of this agreement. It may result in denial or reduction
of payment, termination of this agreement pursuant to Article 13,
and any other appropriate action by DHA.
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Article
7
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Nondiscrimination
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7.1
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COMPLIANCE
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The
PHP agrees to comply with provisions of section 504 of the Rehabilitation
Act of 1973 (Public Law 93-112; as amended) regarding nondiscrimination
on basis of handicap, Title VI of the Civil Rights Act of 1964 (Public
Law 88-352), the Americans With Disabilities
Act of 1990 (Public Law 101-336), and Section 1557
of the Patient Protection and Affordable Care Act (PPACA) as
well as all regulations implementing these Acts.
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Article
8
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Amendment
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8.1
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AMENDMENT
BY DHA
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(a)
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The
Director, DHA, or designee, may amend the terms of this Participation Agreement
by giving 120 days’ notice in writing of the amendment(s) except
amendments to the 32 CFR 199, which shall be considered effective
as of the effective date of the regulation change and do not require
a formal amendment of this agreement to be effective. When changes
or modifications to this agreement result from amendments to the
32 CFR 199 through rulemaking procedures, the Director, DHA, or
designee, is not required to give 120 days written notice. Amendments
to this agreement resulting from amendments to the 32 CFR 199 shall
become effective on the date the regulation amendment is effective
or the date this agreement is amended, whichever date is earlier.
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(b)
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The
PHP, if it concludes it does not wish to accept the proposed amendment(s),
including any amendment resulting from amendment(s) to the 32 CFR
199 accomplished through rulemaking procedures, may terminate its
participation as provided for in Article 13.3. However, if the PHP’s
notice of intent to terminate its participation is not given at
least 60 days prior to the effective date of the proposed amendment(s),
then the proposed amendment(s) shall be incorporated into this agreement
for PHP care furnished between the effective date of the amendment(s)
and the effective date of termination of this agreement.
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Article
9
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Transfer
Of Ownership
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9.1
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ASSIGNMENT
BARRED
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This
agreement is nonassignable.
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9.2
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AGREEMENT
ENDS
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(a)
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Unless
otherwise extended as specified in Article 9.3(b),
this agreement ends as of 12:01 am on the date that transfer of
ownership occurs.
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(b)
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Change
of Ownership is defined as follows:
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(1)
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The change in
an owner(s) that has/have 50% or more ownership constitutes change
of ownership.
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(2)
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The merger of
the PHP corporation (for-profit or not-for-profit) into another
corporation, or the consolidation of two or more corporations, resulting
in the creation of a new corporation, constitutes change of ownership.
The transfer of corporate stock or the merger of another corporation
into the PHP corporation, however, does not constitute change of
ownership. The transfer of title to property of the PHP corporation
to another corporation(s), and the use of that property for the
rendering of partial hospital care by the corporation(s) receiving
it is essential for a change of ownership.
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(3)
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The lease of all
or part of a PHP or a change in the
PHP’s lessee constitutes change of ownership.
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9.3
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NEW
AGREEMENT REQUIRED
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(a)
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If
there is a change of ownership of a PHP as specified in Article
9.2(b), then the new owner, in order to be an authorized partial
hospital program, must enter into a new agreement with DHA. The
new owner is subject to any existing plan of correction, expiration
date, applicable health and safety standards, ownership and financial
interest disclosure requirements and any other provisions and requirements
of this agreement.
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(b)
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A
PHP contemplating or negotiating a change in ownership must notify
DHA in writing at least 30 days prior to the effective date of the
change. At the discretion of the Director, DHA, or designee, this
agreement may remain in effect until a new Participation Agreement
can be signed to provide continuity of coverage for beneficiaries.
A PHP that has provided the required 30 days’ advance notification
of a change of ownership may seek an extension of this agreement’s
effect for a period not to exceed 180 days from the date of the
transfer of ownership. Failure to provide 30 days’ advance notification
of a change of ownership will result in a denial of a request for
an extension of this agreement and termination of this agreement
upon transfer of ownership as specified in Article 9.2(a).
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(c)
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Prior
to a transfer of ownership of a PHP, the new owners may petition
DHA in writing for a new Participation Agreement.
The new owners must document that all required licenses and accreditations
have been maintained, and must provide documentation regarding any program
changes. Before a new Participation Agreement
is executed, the Director, DHA, or designee, will review the PHP
to ensure that it is in compliance with 32 CFR 199.
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Article
10
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Reports
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10.1
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INCIDENT
REPORTS
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Any
serious occurrence involving a beneficiary, outside the normal routine
of the PHP (see the TRICARE Operations Manual (TOM), Chapter 7, Section 4), shall
be reported to the referring military providers and/or Military
Treatment Facility (MTF)/Enhanced Multi-Service Market (eMSM) referral
management office (on behalf of the military provider), and DHA ,
and/or designee as follows:
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(a)
|
An
incident of a life-threatening accident, patient death, patient
disappearance, suicide attempt, incident of cruel or abusive treatment,
or any equally dangerous situation involving a beneficiary, shall
be reported by telephone on the next business day with a full written report
within seven days.
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(b)
|
The
incident and the following report shall be documented in the patient’s
clinical record.
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(c)
|
Notification
shall be provided, if appropriate, to the parents, legal guardian,
or legal authorities.
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10.2
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DISASTER
OR EMERGENCY REPORTS
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|
Any
disaster or emergency situation, natural or man-made, such as fire
or severe weather, shall be reported telephonically within 72 hours,
followed by a comprehensive written report within seven days to
DHA.
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10.3
|
REPORTS
OF PHP CHANGES
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The
governing body or the administrator of the PHP shall submit in writing
to DHA any proposed significant changes within the PHP no later
than 30 days prior to the actual date of change; failure to report
such changes may lead to termination of this agreement. A report
shall be made concerning the following items:
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|
(a)
|
Any
change in administrator or primary professional staff.
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|
(b)
|
Any
change in purpose, philosophy or any addition or deletion of services
or programs. This includes capacity or hours of operation.
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|
(c)
|
Any
licensure, certification, accreditation or approval status change
by a state agency or national organization.
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|
(d)
|
Any
anticipated change in location or anticipated closure.
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(e)
|
Any
suspension of operations for 24 hours or more.
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Article
11
|
|
General
Accounting Office
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|
11.1
|
RIGHT
TO CONDUCT AUDIT
|
|
The
PHP grants the U.S. General Accounting Office the right to conduct
audits.
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|
Article
12
|
|
Appeals
|
|
12.1
|
APPEAL
ACTIONS
|
|
Appeals
of DHA actions under this agreement, to the extent they are allowable,
will be pursuant to the 32 CFR 199.10 and 32 CFR 199.15.
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|
Article
13
|
|
Termination
And Amendment
|
|
13.1
|
TERMINATION
OF AGREEMENT BY DHA
|
|
The
Director, DHA, or designee, may terminate this agreement in accordance
with procedures for termination of institutional providers as specified
in 32 CFR 199.9.
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|
13.2
|
BASIS
FOR TERMINATION OF AGREEMENT BY DHA
|
|
(a)
|
In
addition to any authority under the 32 CFR 199.9 to
terminate or exclude a provider, the Director, DHA or designee,
may terminate this agreement upon 30 days’ written notice, for cause,
if the PHP:
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|
|
(1)
|
Is not in compliance
with the requirements of the Dependents Medical Care Act, as amended
(10 USC 1071 et seq), the 32 CFR 199, or
with performance provisions stated in Article 3 of this Participation Agreement.
|
|
|
(2)
|
Fails to comply
with payment provisions set forth in Article 4 of this Participation Agreement.
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|
|
(3)
|
Fails to allow
audits/reviews and/or to provide records as required by Article
6 of this Participation Agreement.
|
|
|
(4)
|
Fails to comply
with nondiscrimination provisions of Article 7 of this Participation Agreement.
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|
|
(5)
|
Changes ownership
as set forth in Article 9 of this Participation Agreement.
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|
|
(6)
|
Fails to provide
incident reports, disaster or emergency reports, or reports of PHP changes
as set forth in Article 10 of this Participation Agreement.
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|
|
(7)
|
Initiates a program
change without written approval by DHA or a designee; program changes
include but are not limited to: changes in the physical location;
population served; number of beds; type of license; expansion of
program(s); or development of new program(s).
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|
|
(8)
|
Does not admit
a beneficiary during any period of 24 months.
|
|
|
(9)
|
Suspends operations
for a period of 120 days or more.
|
|
|
(10)
|
Is determined
to be involved in provider fraud or abuse, as established by 32 CFR 199.9. This includes the submission
of falsified or altered claims or medical records which misrepresent
the type, frequency, or duration of services or supplies.
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|
(b)
|
The Director, DHA,
or designee may terminate this agreement without
prior notice in the event that the PHP’s failure to comply with
the industry standards presents an
immediate danger to life, health or safety.
|
|
13.3
|
TERMINATION
OF AGREEMENT BY THE PHP
|
|
The
PHP may terminate this agreement by giving the Director, DHA, or
designee, written notice of such intent to terminate. The effective
date of a voluntary termination under this article shall be 60 days
from the date of notification of intent to terminate or, upon written
request, as agreed between the PHP and DHA.
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|
Article
14
|
|
Recoupment
|
|
14.1
|
RECOUPMENT
|
|
DHA
shall have the authority to suspend claims processing or seek recoupment
of claims previously paid as specified under the provisions of the
Federal Claims Collection Act (31 USC 3701 et seq), the Federal
Medical Care Recovery Act (42 USC 2651-2653) and 32 CFR 199.14.
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|
Article
15
|
|
Order
Of Precedence
|
|
15.1
|
ORDER
OF PRECEDENCE
|
|
If
there is any conflict between this agreement and any Federal statute
or regulation including the 32 CFR 199, the statute or regulation
controls.
|
|
Article
16
|
|
Duration
|
|
16.1
|
DURATION
|
|
This
agreement shall remain in effect until the expiration date specified
in Article 18.1 unless terminated earlier by DHA or the PHP under
Article 13. DHA may extend this agreement for 60 days beyond the
established date if necessary to facilitate a new agreement.
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|
16.2
|
REAPPLICATION
|
|
The
PHP must reapply to DHA at least 90 days prior to the expiration
date of this agreement if it wishes to continue as an authorized
PHP. Failure to reapply will result in the automatic termination
of this agreement on the date specified in Article 18.1.
|
|
Article
17
|
|
Effective
Date
|
|
17.1
|
EFFECTIVE
DATE
|
|
(a)
|
This Participation Agreement
will be effective on the date signed by the Director, DHA, or designee.
|
|
(b)
|
This
agreement must be signed by the President or Chief
Executive Officer (CEO), or designee of
the PHP.
|
|
Article
18
|
|
Authorized
Provider
|
|
18.1
|
PROVIDER
STATUS
|
|
On
the effective date of the agreement, DHA recognizes the PHP as an
authorized provider for the purpose of providing psychiatric or
SUD partial hospitalization care to eligible beneficiaries within
the framework of the program(s) identified below.
|