2006 Ohio Revised Code - 5111.05. Contracts for examination, processing, and determination of medical assistance claims.

§ 5111.05. Contracts for examination, processing, and determination of medical assistance claims.
 

(A)  The department of job and family services may contract with any person or persons as a fiscal agent for the examination, processing, and determination of medical assistance claims under this chapter. The contracting party may provide any of the following services, as required by the contract: 

(1) Design and operate medicaid management information systems, including the provision of data processing services; 

(2) Determine the amounts of payments to be made upon claims for medical assistance; 

(3) Prepare and furnish to the department lists and computer tapes of such claims for payment; 

(4) In addition to audits which may be conducted by the department and by the auditor of state, make audits of providers and the claims of providers of medical assistance according to the standards set forth in the contract; 

(5) Assist providers of medical assistance in the development of procedures relating to utilization practices, make studies of the effectiveness of such procedures and methods for their improvement, implement and enforce standards of medical policy, and assist in the application of safeguards against unnecessary utilization; 

(6) Assist any institution, facility, or agency to qualify as a provider of medical assistance; 

(7) Establish and maintain fiscal records for the medical assistance program; 

(8) Perform statistical and research studies; 

(9) Develop and implement programs for medical assistance cost containment; 

(10) Perform such other duties as are necessary to carry out the medical assistance program. 

(B)  The department of job and family services may contract with any person or persons as an insuring agent for the examination, processing, and determination of medical assistance claims, as provided in division (A) of this section, and for the payment of medical assistance claims through an underwritten program in which the state pays the insuring agent a monthly premium and the insuring agent pays for medical services authorized under the state's medical assistance program. The person with whom the department contracts, with respect to the awarding, provisions, and performance of such contract, shall not be subject to the provisions of Title XXXIX [39] of the Revised Code or to regulation by the department of insurance, nor to taxation as an insurance company pursuant to section 5725.18 or 5729.03 of the Revised Code. A contract with an insuring agent shall specify the qualifications, including capital and surplus requirements, and other conditions with which the insuring agent must comply. 

(C)  In entering into a contract under this section, the department, in cooperation with the director of budget and management, shall determine that the contracting party is qualified to perform the required services and shall follow applicable procedures required of the department of administrative services in sections 125.07 to 125.11 of the Revised Code. A contract shall be awarded to the bidder who, with due consideration to the bidder's experience and financial capability, offers the lowest and best bid to the state for control of the costs of the medical assistance program consistent with meeting the obligations under that program for fair and equitable treatment of recipients and providers of medical services. Any arrangement whereby funds are paid to an insuring or fiscal agent for administrative functions under this section shall, for the purposes of section 125.081 [125.08.1] of the Revised Code, be deemed to be a contract or purchase by the department of administrative services; however, money to be used by an insuring agent to pay for medical services authorized under the state's medical assistance program shall not be deemed a contract or purchase within the meaning of such section. 
 

HISTORY: RC § 5101.51.3, 138 v H 204 (Eff 7-30-79); RC § 5111.05, 138 v H 176 (Eff 7-1-80); 139 v H 694 (Eff 11-15-81); 141 v H 201 (Eff 7-1-85); 142 v S 124 (Eff 10-1-87); 148 v H 471. Eff 7-1-2000.
 

Not analogous to former RC § 5111.05 (GC § 6289-4; 119 v 384; Bureau of Code Revision, 10-1-53), repealed 128 v 645, § 2, eff 9-7-59.

The effective date is set by section 12(A) of HB 471. 

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