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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|
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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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|
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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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|
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(4)
|
Fails to comply with nondiscrimination
provisions of Article 7 of this Participation Agreement.
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|
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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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|
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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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|
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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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|
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(8)
|
Does not admit a beneficiary
during any period of 24 months.
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|
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(9)
|
Suspends operations for a period
of 120 days or more.
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|
|
(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.
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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.
|
|
(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.
|