42 C.F.R. PART 417--HEALTH MAINTENANCE ORGANIZATIONS, COMPETITIVE MEDICAL PLANS, AND HEALTH CARE PREPAYMENT PLANS


TITLE 42--Public Health

CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER B--MEDICARE PROGRAM

PART 417--HEALTH MAINTENANCE ORGANIZATIONS, COMPETITIVE MEDICAL PLANS, AND HEALTH CARE PREPAYMENT PLANS

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Subpart A--GENERAL PROVISIONS

�417.1
Definitions.
�417.2
Basis and scope.
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Subpart B--QUALIFIED HEALTH MAINTENANCE ORGANIZATIONS: SERVICES

�417.101
Health benefits plan: Basic health services.
�417.102
Health benefits plan: Supplemental health services.
�417.103
Providers of basic and supplemental health services.
�417.104
Payment for basic health services.
�417.105
Payment for supplemental health services.
�417.106
Quality assurance program; Availability, accessibility, and continuity of basic and supplemental health services.
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Subpart C--QUALIFIED HEALTH MAINTENANCE ORGANIZATIONS: ORGANIZATION AND OPERATION

�417.120
Fiscally sound operation and assumption of financial risk.
�417.122
Protection of enrollees.
�417.124
Administration and management.
�417.126
Recordkeeping and reporting requirements.
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Subpart D--APPLICATION FOR FEDERAL QUALIFICATION

�417.140
Scope.
�417.142
Requirements for qualification.
�417.143
Application requirements.
�417.144
Evaluation and determination procedures.
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Subpart E--INCLUSION OF QUALIFIED HEALTH MAINTENANCE ORGANIZATIONS IN EMPLOYEE HEALTH BENEFITS PLANS

�417.150
Definitions.
�417.151
Applicability.
�417.153
Offer of HMO alternative.
�417.155
How the HMO option must be included in the health benefits plan.
�417.156
When the HMO must be offered to employees.
�417.157
Contributions for the HMO alternative.
�417.158
Payroll deductions.
�417.159
Relationship of section 1310 of the Public Health Service Act to the National Labor Relations Act and the Railway Labor Act.
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Subpart FREGULATION OF FEDERALLY QUALIFIED HEALTH MAINTENANCE ORGANIZATIONS

�417.160
Applicability.
�417.161
Compliance with assurances.
�417.162
Reporting requirements.
�417.163
Enforcement procedures.
�417.164
Effect of revocation of qualification on inclusion in employee's health benefit plans.
�417.165
Reapplication for qualification.
�417.166
Waiver of assurances.
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Subparts G-I--[RESERVED]

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Subpart J--QUALIFYING CONDITIONS FOR MEDICARE CONTRACTS

�417.400
Basis and scope.
�417.401
Definitions.
�417.402
Effective date of initial regulations.
�417.404
General requirements.
�417.406
Application and determination.
�417.407
Requirements for a Competitive Medical Plan (CMP).
�417.408
Contract application process.
�417.410
Qualifying conditions: General rules.
�417.412
Qualifying condition: Administration and management.
�417.413
Qualifying condition: Operating experience and enrollment.
�417.414
Qualifying condition: Range of services.
�417.416
Qualifying condition: Furnishing of services.
�417.418
Qualifying condition: Quality assurance program.
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Subpart K--ENROLLMENT, ENTITLEMENT, AND DISENROLLMENT UNDER MEDICARE CONTRACT

�417.420
Basic rules on enrollment and entitlement.
�417.422
Eligibility to enroll in an HMO or CMP.
�417.423
Special rules: ESRD and hospice patients.
�417.424
Denial of enrollment.
�417.426
Open enrollment requirements.
�417.428
Marketing activities.
�417.430
Application procedures.
�417.432
Conversion of enrollment.
�417.434
Reenrollment.
�417.436
Rules for enrollees.
�417.440
Entitlement to health care services from an HMO or CMP.
�417.442
Risk HMO's and CMP's: Conditions for provision of additional benefits.
�417.444
Special rules for certain enrollees of risk HMOs and CMPs.
�417.446
[Reserved]
�417.448
Restriction on payments for services received by Medicare enrollees of risk HMOs or CMPs.
�417.450
Effective date of coverage.
�417.452
Liability of Medicare enrollees.
�417.454
Charges to Medicare enrollees.
�417.456
Refunds to Medicare enrollees.
�417.458
Recoupment of uncollected deductible and coinsurance amounts.
�417.460
Disenrollment of beneficiaries by an HMO or CMP.
�417.461
Disenrollment by the enrollee.
�417.464
End of CMS's liability for payment: Disenrollment of beneficiaries and termination or default of contract.
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Subpart L--MEDICARE CONTRACT REQUIREMENTS

�417.470
Basis and scope.
�417.472
Basic contract requirements.
�417.474
Effective date and term of contract.
�417.476
Waived conditions.
�417.478
Requirements of other laws and regulations.
�417.479
Requirements for physician incentive plans.
�417.480
Maintenance of records: Cost HMOs and CMPs.
�417.481
Maintenance of records: Risk HMOs and CMPs.
�417.482
Access to facilities and records.
�417.484
Requirement applicable to related entities.
�417.486
Disclosure of information and confidentiality.
�417.488
Notice of termination and of available alternatives: Risk contract.
�417.490
Renewal of contract.
�417.492
Nonrenewal of contract.
�417.494
Modification or termination of contract.
�417.500
Sanctions against HMOs and CMPs.
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Subpart M--CHANGE OF OWNERSHIP AND LEASING OF FACILITIES: EFFECT ON MEDICARE CONTRACT

�417.520
Effect on HMO and CMP contracts.
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Subpart N--MEDICARE PAYMENT TO HMOS AND CMPS: GENERAL RULES

�417.524
Payment to HMOs or CMPs: General.
�417.526
Payment for covered services.
�417.528
Payment when Medicare is not primary payer.
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Subpart O--MEDICARE PAYMENT: COST BASIS

�417.530
Basis and scope.
�417.531
Hospice care services.
�417.532
General considerations.
�417.533
Part B carrier responsibilities.
�417.534
Allowable costs.
�417.536
Cost payment principles.
�417.538
Enrollment and marketing costs.
�417.540
Enrollment costs.
�417.542
Reinsurance costs.
�417.544
Physicians' services furnished directly by the HMO or CMP.
�417.546
Physicians' services and other Part B supplier services furnished under arrangements.
�417.548
Provider services through arrangements.
�417.550
Special Medicare program requirements.
�417.552
Cost apportionment: General provisions.
�417.554
Apportionment: Provider services furnished directly by the HMO or CMP.
�417.556
Apportionment: Provider services furnished by the HMO or CMP through arrangements with others.
�417.558
Emergency, urgently needed, and out-of-area services for which the HMO or CMP accepts responsibility.
�417.560
Apportionment: Part B physician and supplier services.
�417.564
Apportionment and allocation of administrative and general costs.
�417.566
Other methods of allocation and apportionment.
�417.568
Adequate financial records, statistical data, and cost finding.
�417.570
Interim per capita payments.
�417.572
Budget and enrollment forecast and interim reports.
�417.574
Interim settlement.
�417.576
Final settlement.
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Subpart P--MEDICARE PAYMENT: RISK BASIS

�417.580
Basis and scope.
�417.582
Definitions.
�417.584
Payment to HMOs or CMPs with risk contracts.
�417.585
Special rules: Hospice care.
�417.588
Computation of adjusted average per capita cost (AAPCC).
�417.590
Computation of the average of the per capita rates of payment.
�417.592
Additional benefits requirement.
�417.594
Computation of adjusted community rate (ACR).
�417.596
Establishment of a benefit stabilization fund.
�417.597
Withdrawal from a benefit stabilization fund.
�417.598
Annual enrollment reconciliation.
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Subpart Q--BENEFICIARY APPEALS

�417.600
Basis and scope.
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Subpart R--MEDICARE CONTRACT APPEALS

�417.640
Determinations subject to appeal.
�417.642
Administrative actions that are not initial determinations.
�417.644
Notice of initial determination.
�417.646
Effect of initial determination.
�417.648
Reconsideration: Applicability.
�417.650
Request for reconsideration.
�417.652
Opportunity to submit evidence.
�417.654
Reconsidered determination.
�417.656
Notice of reconsidered determination.
�417.658
Effect of reconsidered determination.
�417.660
Right to a hearing.
�417.662
Request for hearing.
�417.664
Postponement of effective date of initial determination.
�417.666
Designation of hearing officer.
�417.668
Disqualification of hearing officer.
�417.670
Time and place of hearing.
�417.672
Appointment of representatives.
�417.674
Authority of representatives.
�417.676
Conduct of hearing.
�417.678
Evidence.
�417.680
Witnesses.
�417.682
Discovery.
�417.684
Prehearing.
�417.686
Record of hearing.
�417.688
Authority of hearing officer.
�417.690
Notice and effect of hearing decision.
�417.692
Reopening of initial or reconsidered determination or decision of a hearing officer.
�417.694
Effect of revised determination.
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Subparts S-T--[RESERVED]

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Subpart U--HEALTH CARE PREPAYMENT PLANS

�417.800
Payment to HCPPs: Definitions and basic rules.
�417.801
Agreements between CMS and health care prepayment plans.
�417.802
Allowable costs.
�417.804
Cost apportionment.
�417.806
Financial records, statistical data, and cost finding.
�417.808
Interim per capita payments.
�417.810
Final settlement.
�417.830
Scope of regulations on beneficiary appeals.
�417.832
Applicability of requirements and procedures.
�417.834
Responsibility for establishing administrative review procedures.
�417.836
Written description of administrative review procedures.
�417.838
Organization determinations.
�417.840
Administrative review procedures.
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Subpart V--ADMINISTRATION OF OUTSTANDING LOANS AND LOAN GUARANTEES

�417.910
Applicability.
�417.911
Definitions.
�417.920
Planning and initial development.
�417.930
Initial costs of operation.
�417.931
[Reserved]
�417.934
Reserve requirement.
�417.937
Loan and loan guarantee provisions.
�417.940
Civil action to enforce compliance with assurances.
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