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)
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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)
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The incident
and the following report shall be documented in the patient’s clinical
record.
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(c)
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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
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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)
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Any change in
administrator or primary professional staff.
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(b)
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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)
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Any licensure,
certification, accreditation or approval status change by a state
agency or national organization.
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(d)
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Any anticipated
change in location or anticipated closure.
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(e)
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Any suspension
of operations for 24 hours or more.
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Article 11
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General Accounting
Office
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11.1
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RIGHT TO CONDUCT
AUDIT
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The PHP grants
the U.S. General Accounting Office the right to conduct audits.
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Article 12
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Appeals
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12.1
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APPEAL ACTIONS
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|
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
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Termination
And Amendment
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13.1
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TERMINATION
OF AGREEMENT BY DHA
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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
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BASIS FOR TERMINATION
OF AGREEMENT BY DHA
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(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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|
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(1)
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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.
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(2)
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Fails to comply
with payment provisions set forth in Article 4 of this Participation Agreement.
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(3)
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Fails to allow
audits/reviews and/or to provide records as required by Article
6 of this Participation Agreement.
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(4)
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Fails to comply
with nondiscrimination provisions of Article 7 of this Participation Agreement.
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(5)
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Changes ownership
as set forth in Article 9 of this Participation Agreement.
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(6)
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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)
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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)
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Does not admit
a beneficiary during any period of 24 months.
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(9)
|
Suspends operations
for a period of 120 days or more.
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(10)
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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.
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|
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.
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|
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.
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|
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.
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|
(b)
|
This agreement
must be signed by the President or Chief Executive
Officer (CEO), or designee of
the PHP.
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|
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.
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