(a) A
Medi-Cal managed care plan subcontracting with an Indian Health Service
Facility shall reimburse the Indian Health Service Facility for services
according to one of the following reimbursement options:
(1) If the Indian Health Service Facility is
a rural health clinic or qualifies as a federally qualified health center, the
Medi-Cal managed care plan shall reimburse the facility at the facility's
interim per visit rate as established by the department, or through an
alternate reimbursement methodology approved in writing by the
department.
(2) If the Indian
Health Service Facility is a rural health clinic or a federally qualified
health center and the facility and the Medi-Cal managed care plan have agreed
to an at-risk rate and the Indian Health Service Facility has waived its right
to cost-based reimbursement under the subcontract, the Medi-Cal managed care
plan shall reimburse the facility at the negotiated rate.
(3) If, prior to the effective date of these
regulations, a Medi-Cal a managed care plan has negotiated a subcontract, which
has been approved by the department, with an Indian Health Service Facility
that is a federally qualified health center or a rural health clinic, and this
subcontract contains terms for reimbursement other than cost-based
reimbursement as described in subsection (c), the Medi-Cal managed care plan
may continue to reimburse the facility at the agreed rate under the
subcontract.
(4) If the Indian
Health Service Facility is entitled to be reimbursed as an Indian Health
Service provider by the federal government at a reimbursement rate other than
the rate described in subsection (a)(1), the Medi-Cal managed care plan shall
reimburse the facility at the Indian Health Service payment
rate.
(b) Referrals made
by the Indian Health Service Facility to other providers shall be in accordance
with the terms of the subcontract.
(c) If the Indian Health Service Facility has
elected to subcontract with a Medi-Cal managed care plan and qualifies to be
reimbursed as a rural health clinic or federally qualified health center on the
basis of reasonable cost, as provided in federal law, the department shall
reimburse or recover from the Indian Health Service Facility at least annually
an amount equalling the difference between payments received from the Medi-Cal
managed care plan through the subcontract and reasonable cost reimbursement, or
a percentage of reasonable cost as provided in
42 U.S.C.
1396a(a)(13)(C), as a part
of the department's annual reconciliation process with the facility for all
Medi-Cal services. As a condition of obtaining the reconciliation, the Indian
Health Service Facility shall maintain a record of the number of visits by plan
members separate from visits by fee-for-service Medi-Cal
beneficiaries.
Notes
Cal. Code Regs. Tit. 22, §
55140
1. New
section filed 4-3-98; operative 4-3-98. Submitted to OAL for printing only
pursuant to section
147, Senate Bill 485 (Ch. 722/92)
(Register 98, No. 15).
2. Change without regulatory effect amending
NOTE filed 4-9-98 pursuant to section
100, title 1, California Code of
Regulations (Register 98, No. 15).
Note: Authority cited: Stats. 1992, Ch. 722; Sections
10725,
14089.7,
14105,
14124.5,
14203
and
14312,
Welfare and Institutions Code. Reference: Sections
14000,
14087.3,
14087.5,
14088,
14089,
14089.05,
14200
and
14499.5,
Welfare and Institutions Code; Title 25, United States Code, Sections
13 and
1601; and Title 42, United States
Code, Sections
1396(b)(m)(2)(A)(ix)
and 1396(d)(l)(2).
1. New section filed
4-3-98; operative 4-3-98. Submitted to OAL for printing only pursuant to
section 147, Senate Bill 485 (Ch. 722/92) (Register 98, No. 15).
2.
Change without regulatory effect amending Note filed 4-9-98 pursuant to section
100, title 1, California Code of Regulations (Register 98, No.
15).