360-10.7 Managed care plan review process.

    (a) Each designated social services district must develop and submit a managed care plan to the commissioner within 180 days of the date on which the department notifies the district that the district has been selected to develop and submit a managed care plan unless the district has been granted an exemption from submitting a managed care plan under subdivision (g) of this section.

    (b) The commissioner will review a social services district's managed care plan and, within 90 days after receipt of the plan from the district, either approve or disapprove the plan or request that the district modify the plan.

    (c) If the commissioner disapproves a managed care plan or requests modification of such plan, the commissioner will provide written notice to the social services district that describes the plan's specific deficiencies.

    (d) After the social services district receives this notice, the district will have up to 90 days to submit a modified plan to the department.

    (e) If the commissioner determines that the modified plan does not meet the requirements of section 360-10.8 of this Subpart or if the modified plan is not submitted within the required period of time, the commissioner will disapprove the plan or notify the social services district if another modified plan will be considered. The commissioner will inform the social services district in writing of his or her determination within 30 days of the date the commissioner receives the district's modified plan or, if the modified plan is not submitted timely, the date when the modified plan should have been submitted.

    (f) If the commissioner approves a managed care plan, the social services district is authorized to implement the plan within the social services district.

    (g) (1) A social services district may seek an exemption from the requirement to develop and submit a managed care plan if the district can document that the following applies:

            (i) the social services district cannot achieve fiscal savings through operation of an MCP; or

            (ii) the quality of care that is provided to MA recipients cannot be maintained through operation of an MCP.

        (2) A social services district which seeks an exemption under this subdivision must make a written request to the department within 60 days of the date on which the department notifies the district that the district has been designated to develop and submit a managed care plan. The commissioner will either approve or disapprove the exemption request in writing within 30 days of receipt of the request. If the exemption request is denied, the social services district will have 180 days from receipt of the department's disapproval notice to submit a managed care plan in accordance with the requirements of this Subpart. A social services district which has been granted an exemption under this subdivision may request renewals of the exemption for successive two year periods.

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