§ 438.340 Managed care State quality strategy. ( a ) *General rule.* Each State contracting with an MCO, PIHP, or PAHP as defined in § 438.2 or with a PCCM entity as described in § 438.310(c)(2) must draft and implement a written quality strategy for assessing and improving the quality of health care and services furnished by the MCO, PIHP, PAHP or PCCM entity.
( b ) *Elements of the State quality strategy.* At a minimum, the State's quality strategy must include the following: ( 1 ) The State-defined network adequacy and availability of services standards for MCOs, PIHPs, and PAHPs required by §§ 438.68 and 438.206 and examples of evidence-based clinical practice guidelines the State requires in accordance with § 438.236.
( 2 ) The State's goals and objectives for continuous quality improvement which must be measurable and take into consideration the health status of all populations in the State served by the MCO, PIHP, PAHP, and PCCM entity described in § 438.310(c)(2).
( 3 ) A description of— ( i ) The quality metrics and performance targets to be used in measuring the performance and improvement of each MCO, PIHP, PAHP, and PCCM entity described in § 438.310(c)(2) with which the State contracts, including but not limited to, the performance measures reported in accordance with § 438.330(c). The State must identify which quality measures and performance outcomes the State will publish at least annually on the website required under § 438.10(c)(3); and,
( ii ) The performance improvement projects to be implemented in accordance with § 438.330(d), including a description of any interventions the State proposes to improve access, quality, or timeliness of care for beneficiaries enrolled in an MCO, PIHP, or PAHP.
( 4 ) Arrangements for annual, external independent reviews, in accordance with § 438.350, of the quality outcomes and timeliness of, and access to, the services covered under each MCO, PIHP, and PAHP contract.
( 5 ) A description of the State's transition of care policy required under § 438.62(b)(3).
( 6 ) The State's plan to identify, evaluate, and reduce, to the extent practicable, health disparities based on age, race, ethnicity, sex, primary language, and disability status. For purposes of this paragraph (b)(6), “disability status” means, at a minimum, whether the individual qualified for Medicaid on the basis of a disability. States must include in this plan the State's definition of disability status and how the State will make the determination that a Medicaid enrollee meets the standard including the data source(s) that the State will use to identify disability status.
( 7 ) For MCOs, appropriate use of intermediate sanctions that, at a minimum, meet the requirements of subpart I of this part.
( 8 ) The mechanisms implemented by the State to comply with § 438.208(c)(1) (relating to the identification of persons who need long-term services and supports or persons with special health care needs).
( 9 ) The information required under § 438.360(c) (relating to nonduplication of EQR activities).
( 10 ) The State's definition of a “significant change” for the purposes of paragraph (c)(3)(ii) of this section.
( c ) *Development, evaluation, and revision.* In drafting or revising its quality strategy, the State must: ( 1 ) Make the strategy available for public comment before submitting the strategy to CMS for review in accordance with paragraph (c)(3) of this section, including: ( i ) Obtaining input from the Medical Care Advisory Committee (established by § 431.12 of this chapter), beneficiaries, and other stakeholders.
( ii ) If the State enrolls Indians in the MCO, PIHP, PAHP, or PCCM entity described in § 438.310(c)(2), consulting with Tribes in accordance with the State's Tribal consultation policy.
( 2 ) Review and update the quality strategy as needed, but no less than once every 3 years. ( i ) This review must include an evaluation of the effectiveness of the quality strategy conducted within the previous 3 years.
( ii ) The State must make the results of the review, including the evaluation conducted pursuant to paragraph (c)(2)(i) of this section, available on the website required under § 438.10(c)(3).
( iii ) Updates to the quality strategy must take into consideration the recommendations provided pursuant to § 438.364(a)(4).
( 3 ) Prior to adopting as final, submit to CMS the following: ( i ) A copy of the initial strategy for CMS comment and feedback.
( ii ) A copy of the strategy— ( A ) Every 3 years following the review in paragraph (c)(2) of this section;
( B ) Whenever significant changes, as defined in the State's quality strategy per paragraph (b)(10) of this section, are made to the document;
( C ) Whenever significant changes occur within the State's Medicaid program.
( d ) *Availability.* The State must make the final quality strategy available on the Web site required under § 438.10(c)(3).
[81 FR 27853, May 6, 2016, as amended at 85 FR 72841, Nov. 13, 2020; 89 FR 41278, May 10, 2024]