Title 42--Public Health
CHAPTER IV--CENTERS FOR MEDICARE
& MEDICAID SERVICES,
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
PART 422--MEDICARE ADVANTAGE PROGRAM
|
 |
 | 422.1 |
Basis and scope.
|
 |
 | 422.2 |
Definitions.
|
 |
 | 422.4 |
Types of MA plans.
|
 |
 | 422.6 |
Cost-sharing in enrollment-related costs. |
 |
 | 422.50 |
Eligibility to elect an MA plan.
|
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 | 422.52 |
Eligibility to elect an MA plan for special needs individuals. |
 |
 | 422.54 |
Continuation of enrollment for MA local plans.
|
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 | 422.56 |
Enrollment in an MA MSA plan.
|
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 | 422.57 |
Limited enrollment under MA RFB plans. |
 |
 | 422.60 |
Election process.
|
 |
 | 422.62 |
Election of coverage under an MA plan.
|
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 | 422.64 |
Information about the MA program. |
 |
 | 422.66 |
Coordination of enrollment and disenrollment through MA organizations.
|
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 | 422.68 |
Effective dates of coverage and change of coverage.
|
 |
 | 422.74 |
Disenrollment by the MA organization.
|
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 | 422.80 |
Approval of marketing materials and election forms.
|
 |
 | 422.100 |
General requirements.
|
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 | 422.101 |
Requirements relating to basic benefits.
|
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 | 422.102 |
Supplemental benefits.
|
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 | 422.103 |
Benefits under an MA MSA plan.
|
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 | 422.104 |
Special rules on supplemental benefits for MA MSA plans. |
 |
 | 422.105 |
Special rules for self-referral and point of service option.
|
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 | 422.106 |
Coordination of benefits with employer or union group health plans and Medicaid.
|
 |
 | 422.108 |
Medicare secondary payer (MSP) procedures.
|
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 | 422.109 |
Effect of national coverage determinations (NCDs) and legislative changes in benefits.
|
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 | 422.110 |
Discrimination against beneficiaries prohibited.
|
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 | 422.111 |
Disclosure requirements.
|
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 | 422.112 |
Access to services.
|
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 | 422.113 |
Special rules for ambulance services, emergency and urgently needed services, and maintenance and post-stabilization care services. |
 |
 | 422.114 |
Access to services under an MA private fee-for-service plan.
|
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 | 422.118 |
Confidentiality and accuracy of enrollee records. |
 |
 | 422.128 |
Information on advance directives. |
 |
 | 422.132 |
Protection against liability and loss of benefits. |
 |
 | 422.133 |
Return to home skilled nursing facility.
|
 |
 | 422.152 |
Quality improvement program. |
 |
 | 422.156 |
Compliance deemed on the basis of accreditation.
|
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 | 422.157 |
Accreditation organizations. |
 |
 | 422.158 |
Procedures for approval of accreditation as a basis for deeming compliance. |
 |
 | 422.200 |
Basis and scope. |
 |
 | 422.202 |
Participation procedures.
|
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 | 422.204 |
Provider selection and credentialing.
|
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 | 422.205 |
Provider antidiscrimination rules. |
 |
 | 422.206 |
Interference with health care professionals' advice to enrollees prohibited.
|
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 | 422.208 |
Physician incentive plans: requirements and limitations.
|
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 | 422.210 |
Assurances to CMS. |
 |
 | 422.212 |
Limitations on provider indemnification. |
 |
 | 422.214 |
Special rules for services furnished by noncontract providers.
|
 |
 | 422.216 |
Special rules for MA private fee-for-service plans.
|
 |
 | 422.220 |
Exclusion of services furnished under a private contract. |
 |
 | 422.250 |
Basis and scope. |
 |
 | 422.252 |
Terminology. |
 |
 | 422.254 |
Submission of bids. |
 |
 | 422.256 |
Review, negotiation, and approval of bids. |
 |
 | 422.258 |
Calculation of benchmarks. |
 |
 | 422.262 |
Beneficiary premiums. |
 |
 | 422.264 |
Calculation of savings. |
 |
 | 422.266 |
Beneficiary rebates. |
 |
 | 422.270 |
Incorrect collections of premiums and cost-sharing. |
 |
 | 422.300 |
Basis and scope. |
 |
 | 422.304 |
Monthly payments. |
 |
 | 422.306 |
Annual MA capitation rates. |
 |
 | 422.308 |
Adjustments to capitation rates, benchmarks, bids, and payments. |
 |
 | 422.310 |
Risk adjustment data. |
 |
 | 422.312 |
Announcement of annual capitation rate, benchmarks, and methodology changes. |
 |
 | 422.314 |
Special rules for beneficiaries enrolled in MA MSA plans. |
 |
 | 422.316 |
Special rules for payments to Federally qualified health centers. |
 |
 | 422.318 |
Special rules for coverage that begins or ends during an inpatient hospital stay. |
 |
 | 422.320 |
Special rules for hospice care. |
 |
 | 422.322 |
Source of payment and effect of MA plan election on payment. |
 |
 | 422.324 |
Payments to MA organizations for graduate medical education costs. |
 |
 | 422.350 |
Basis, scope, and definitions. |
 |
 | 422.352 |
Basic requirements. |
 |
 | 422.354 |
Requirements for affiliated providers. |
 |
 | 422.356 |
Determining substantial financial risk and majority financial interest. |
 |
 | 422.370 |
Waiver of State licensure. |
 |
 | 422.372 |
Basis for waiver of State licensure. |
 |
 | 422.374 |
Waiver request and approval process. |
 |
 | 422.376 |
Conditions of the waiver. |
 |
 | 422.378 |
Relationship to State law. |
 |
 | 422.380 |
Solvency standards. |
 |
 | 422.382 |
Minimum net worth amount. |
 |
 | 422.384 |
Financial plan requirement. |
 |
 | 422.386 |
Liquidity. |
 |
 | 422.388 |
Deposits. |
 |
 | 422.390 |
Guarantees. |
 |
 | 422.400 |
State licensure requirement. |
 |
 | 422.402 |
Federal preemption of State law. |
 |
 | 422.404 |
State premium taxes prohibited.
|
 |
 | 422.451 |
Moratorium on new local preferred provider organization plans. |
 |
 | 422.455 |
Special rules for MA Regional Plans. |
 |
 | 422.458 |
Risk sharing with regional MA organizations for 2006 and 2007. |
 |
 | 422.500 |
Scope and definitions.
|
 |
 | 422.501 |
Application requirements. |
 |
 | 422.502 |
Evaluation and determination procedures. |
 |
 | 422.503 |
General provisions.
|
 |
 | 422.504 |
Contract provisions.
|
 |
 | 422.505 |
Effective date and term of contract.
|
 |
 | 422.506 |
Nonrenewal of contract.
|
 |
 | 422.508 |
Modification or termination of contract by mutual consent. |
 |
 | 422.510 |
Termination of contract by CMS.
|
 |
 | 422.512 |
Termination of contract by the MA organization.
|
 |
 | 422.514 |
Minimum enrollment requirements. |
 |
 | 422.516 |
Reporting requirements. |
 |
 | 422.520 |
Prompt payment by MA organization.
|
 |
 | 422.521 |
Effective date of new significant regulatory requirements. |
 |
 | 422.524 |
Special rules for RFB societies. |
 |
 | 422.527 |
Agreements with Federally qualified health centers. |
 |
 | 422.550 |
General provisions.
|
 |
 | 422.552 |
Novation agreement requirements. |
 |
 | 422.553 |
Effect of leasing of an MA organization's facilities. |
 |
 | 422.560 |
Basis and scope.
|
 |
 | 422.561 |
Definitions.
|
 |
 | 422.562 |
General provisions.
|
 |
 | 422.564 |
Grievance procedures.
|
 |
 | 422.566 |
Organization determinations.
|
 |
 | 422.568 |
Standard timeframes and notice requirements for organization determinations.
|
 |
 | 422.570 |
Expediting certain organization determinations.
|
 |
 | 422.572 |
Timeframes and notice requirements for expedited organization determinations.
|
 |
 | 422.574 |
Parties to the organization determination. |
 |
 | 422.576 |
Effect of an organization determination. |
 |
 | 422.578 |
Right to a reconsideration. |
 |
 | 422.580 |
Reconsideration defined. |
 |
 | 422.582 |
Request for a standard reconsideration.
|
 |
 | 422.584 |
Expediting certain reconsiderations.
|
 |
 | 422.586 |
Opportunity to submit evidence. |
 |
 | 422.590 |
Timeframes and responsibility for reconsiderations.
|
 |
 | 422.592 |
Reconsideration by an independent entity. |
 |
 | 422.594 |
Notice of reconsidered determination by the independent entity. |
 |
 | 422.596 |
Effect of a reconsidered determination. |
 |
 | 422.600 |
Right to a hearing.
|
 |
 | 422.602 |
Request for an ALJ hearing.
|
 |
 | 422.608 |
Medicare Appeals Council (MAC) review. |
 |
 | 422.612 |
Judicial review.
|
 |
 | 422.616 |
Reopening and revising determinations and decisions.
|
 |
 | 422.618 |
How an MA organization must effectuate standard reconsidered determinations or decisions. |
 |
 | 422.619 |
How an MA organization must effectuate expedited reconsidered determinations.
|
 |
 | 422.620 |
How enrollees of MA organizations must be notified of noncovered inpatient hospital care. |
 |
 | 422.622 |
Requesting immediate QIO review of noncoverage of inpatient hospital care.
|
 |
 | 422.624 |
Notifying enrollees of termination of provider services. |
 |
 | 422.626 |
Fast-track appeals of service terminations to independent review entities (IREs). |
 |
 | 422.641 |
Contract determinations. |
 |
 | 422.644 |
Notice of contract determination. |
 |
 | 422.646 |
Effect of contract determination. |
 |
 | 422.648 |
Reconsideration: Applicability.
|
 |
 | 422.650 |
Request for reconsideration. |
 |
 | 422.652 |
Opportunity to submit evidence. |
 |
 | 422.654 |
Reconsidered determination. |
 |
 | 422.656 |
Notice of reconsidered determination. |
 |
 | 422.658 |
Effect of reconsidered determination. |
 |
 | 422.660 |
Right to a hearing. |
 |
 | 422.662 |
Request for hearing. |
 |
 | 422.664 |
Postponement of effective date of a contract determination when a request for a hearing with respect to a contract determination is filed timely. |
 |
 | 422.666 |
Designation of hearing officer. |
 |
 | 422.668 |
Disqualification of hearing officer. |
 |
 | 422.670 |
Time and place of hearing. |
 |
 | 422.672 |
Appointment of representatives. |
 |
 | 422.674 |
Authority of representatives. |
 |
 | 422.676 |
Conduct of hearing. |
 |
 | 422.678 |
Evidence. |
 |
 | 422.680 |
Witnesses. |
 |
 | 422.682 |
Discovery. |
 |
 | 422.684 |
Prehearing. |
 |
 | 422.686 |
Record of hearing. |
 |
 | 422.688 |
Authority of hearing officer. |
 |
 | 422.690 |
Notice and effect of hearing decision. |
 |
 | 422.692 |
Review by the Administrator. |
 |
 | 422.694 |
Effect of Administrator's decision. |
 |
 | 422.696 |
Reopening of contract or reconsidered determination or decision of a hearing officer or the Administrator. |
 |
 | 422.698 |
Effect of revised determination. |
 |
 | 422.750 |
Kinds of sanctions. |
 |
 | 422.752 |
Basis for imposing sanctions.
|
 |
 | 422.756 |
Procedures for imposing sanctions.
|
 |
 | 422.758 |
Maximum amount of civil money penalties imposed by CMS.
|
 |
 | 422.760 |
Other applicable provisions. |