§1714-E. Credible allegations of fraud; provider payment suspensions
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE UNTIL CONTINGENCY: See T. 22, §1714-E, sub-§7)
(REALLOCATED FROM TITLE 22, SECTION 1714-D)
(WHOLE SECTION TEXT REPEALED ON CONTINGENCY: See T. 22, §1714-E, sub-§7)
If the department determines that there is a credible allegation of fraud by a provider under the MaineCare program, the following procedures apply. [RR 2011, c. 2, §25 (RAL).]
1. Suspension of payments. The department shall suspend payment in whole or in part to a MaineCare provider when a suspension is necessary to comply with Section 6402(h)(2) of the federal Patient Protection and Affordable Care Act, Public Law 111-148 and 42 Code of Federal Regulations, Part 455.
[PL 2015, c. 329, Pt. A, §5 (AMD).]
2. Administrative appeal; scope. A MaineCare provider may administratively appeal the department's decision to suspend payment under subsection 1.
[RR 2011, c. 2, §25 (RAL).]
3. No stay during administrative appeal. A suspension of payments under subsection 1 may not be stayed during an administrative appeal of the department's decision to suspend payment. The department may provide a fair opportunity for appropriate expedited relief from a suspension of payments consistent with federal law.
[RR 2011, c. 2, §25 (RAL).]
4. Final determination; offset. Upon a final determination that fraud has occurred and that money is owed by the MaineCare provider to the department, and 31 days after exhaustion of all administrative appeals and any judicial review available under Title 5, chapter 375, the department may retain and apply as an offset to amounts determined to be owed to the department any payments to the provider that were suspended by the department pursuant to this section. The amount retained pursuant to this subsection may not exceed the amount determined finally to be owed.
[RR 2011, c. 2, §25 (RAL).]
5. Confidentiality. Except as necessary for purposes of the investigation of fraud or the administration of the MaineCare program, the department's records regarding a determination of a credible allegation of fraud are confidential until the relevant MaineCare provider has been given notice of a suspension of payments under subsection 1.
[RR 2011, c. 2, §25 (RAL).]
6. Rules. The department shall adopt rules to implement this section, including rules to define "credible allegation of fraud" and to provide exception and appeal procedures as required by and in accordance with the requirements of federal law and regulations. If the department provides a procedure for expedited relief from suspension of payments, as authorized in subsection 3, the rules must include that procedure. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[RR 2011, c. 2, §25 (RAL).]
7. Repeal. This section is repealed if Section 6402(h)(2) of the federal Patient Protection and Affordable Care Act, Public Law 111-148 and 42 Code of Federal Regulations, Part 455 are invalidated by the United States Supreme Court. The department shall notify the Secretary of State, the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of Statutes if the section of law and the regulation are invalidated.
[PL 2015, c. 494, Pt. C, §1 (AMD).]
SECTION HISTORY
RR 2011, c. 2, §25 (RAL). PL 2015, c. 329, Pt. A, §5 (AMD). PL 2015, c. 494, Pt. C, §1 (AMD).
Structure Maine Revised Statutes
Part 4: HOSPITALS AND MEDICAL CARE
Chapter 401: GENERAL PROVISIONS
22 §1701. Program of health services
22 §1702. Hospital surveys (REPEALED)
22 §1703. Acceptance of federal and other funds
22 §1704. Advisory Hospital Council (REPEALED)
22 §1705. Individuals may select own physician
22 §1706. Distribution of antitoxins in emergency
22 §1707. Responsible relatives; duty of hospitals (REPEALED)
22 §1708. Appropriations for aid of public and private hospitals and nursing homes
22 §1709. State-wide plan; advisory council; duties (REPEALED)
22 §1710. Deferred revenue payments
22 §1711. Patient access to hospital medical records
22 §1711-A. Fees charged for records
22 §1711-B. Patient access to treatment records; health care practitioners
22 §1711-C. Confidentiality of health care information
22 §1711-D. Designation of visitors in hospital settings
22 §1711-E. Confidentiality of prescription drug information
22 §1711-G. Designated lay caregivers
22 §1713. Transitional hospital reimbursement (REPEALED)
22 §1714. Debts owed the department by providers (REPEALED)
22 §1714-A. Debts owed the department by providers
22 §1714-B. Critical access hospital reimbursement (REPEALED)
22 §1714-C. Critical access hospital staff enhancement reimbursement
22 §1714-D. Critical access hospital reimbursement
22 §1715. Access requirements applicable to certain health care providers
22 §1716. Charity care guidelines
22 §1717. Registration of personal care agencies and placement agencies
22 §1718. Consumer information
22 §1718-A. Consumer information regarding health care practitioner prices (REPEALED)
22 §1718-B. Consumer information regarding health care entity prices
22 §1718-C. Estimate of the total price of a single medical encounter for an uninsured patient
22 §1718-E. Prohibition on fees for transferring a patient or a patient's medical records
22 §1718-F. Disclosure related to observation status for Medicare patients
22 §1720. Nursing facility medical director reimbursement
22 §1721. Prohibition on payment for health care facility mistakes or preventable adverse events
22 §1722. Voluntary restraint (REALLOCATED FROM TITLE 22, SECTION 1721)
22 §1724. Criminal background checks (REALLOCATED FROM TITLE 22, SECTION 1723)
22 §1725. Neuropsychological and psychological evaluations
22 §1726. Palliative Care and Quality of Life Interdisciplinary Advisory Council
22 §1727. Cooperation with law enforcement (REALLOCATED FROM TITLE 22, SECTION 1726)