Md. Code Regs. 10.09.44.18

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.09.44.18 - Subcontractual Relationships

A. Consistent with this chapter, the PACE provider, in performing its obligations under this chapter and the PACE program agreement, may either engage its own employees and agents or utilize the services of persons, firms, and other entities by means of contractual relationships.

B. The PACE provider shall have a contractor agreement for all services which are not provided directly by the PACE provider through its own employees and agents.

C. A contractor agreement may not diminish or alter the legal responsibility of the PACE provider to the Department to assure that all obligations under this chapter and the PACE program agreement are carried out.

D. All service contractor agreements require preapproval by the Department.

E. If there are proposed changes in a contractor agreement with any contractor, the full contractor agreement shall be submitted to the Department for prior approval.

F. If the Department determines that termination or expiration of a PACE provider's contractual relationship materially affects the PACE provider's ability to carry out its responsibilities under the PACE provider agreement, the Department may terminate the PACE provider agreement.

G. The PACE provider may contract for any health care services not furnished directly by PACE in its benefit package to a health care provider that is licensed, certified, and meets Medicaid and Medicare participation requirements.

H. Contractors shall be legally and professionally qualified to furnish the services set forth in the contractor agreement in return for the compensation set forth in the contractor agreement.

Md. Code Regs. 10.09.44.18

Regulations .18 adopted as an emergency provision effective November 1, 2002 (29:25 Md. R. 1979); adopted permanently effective April 28, 2003 (30:8 Md. R. 540)