360-10.10 Failure or refusal to submit a managed care plan.

    (a) If a social services district fails or refuses to submit a managed care plan, or if the commissioner has disapproved a modified plan or a portion of such plan, the commissioner, in consultation with the Department of Health, may develop and approve a plan on behalf of the district.

    (b) When the commissioner determines that a plan developed on behalf of a social services district meets the requirements of this Subpart, will be cost-effective, will enhance the quality and availability of health care for participants and can be implemented in the social services district, the commissioner may direct the social services official to provide all assistance necessary to implement the plan in a timely manner. If the social services official willfully fails to comply with the commissioner's directive, the commissioner may take such actions as necessary to assure implementation of the plan, pursuant to sections 20 and 34 of the Social Services Law.

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