§ 455.104 Disclosure by Medicaid providers and fiscal agents: Information on ownership and control. ( a ) *Who must provide disclosures.* The Medicaid agency must obtain disclosures from disclosing entities, fiscal agents, and managed care entities.
( b ) *What disclosures must be provided.* The Medicaid agency must require that disclosing entities, fiscal agents, and managed care entities provide the following disclosures: ( 1 ) ( i ) The name and address of any person (individual or corporation) with an ownership or control interest in the disclosing entity, fiscal agent, or managed care entity. The address for corporate entities must include as applicable primary business address, every business location, and P.O. Box address.
( ii ) Date of birth and Social Security Number (in the case of an individual).
( iii ) Other tax identification number (in the case of a corporation) with an ownership or control interest in the disclosing entity (or fiscal agent or managed care entity) or in any subcontractor in which the disclosing entity (or fiscal agent or managed care entity) has a 5 percent or more interest.
( 2 ) Whether the person (individual or corporation) with an ownership or control interest in the disclosing entity (or fiscal agent or managed care entity) is related to another person with ownership or control interest in the disclosing entity as a spouse, parent, child, or sibling; or whether the person (individual or corporation) with an ownership or control interest in any subcontractor in which the disclosing entity (or fiscal agent or managed care entity) has a 5 percent or more interest is related to another person with ownership or control interest in the disclosing entity as a spouse, parent, child, or sibling.
( 3 ) The name of any other disclosing entity (or fiscal agent or managed care entity) in which an owner of the disclosing entity (or fiscal agent or managed care entity) has an ownership or control interest.
( 4 ) The name, address, date of birth, and Social Security Number of any managing employee of the disclosing entity (or fiscal agent or managed care entity).
( c ) *When the disclosures must be provided* — ( 1 ) *Disclosures from providers or disclosing entities.* Disclosure from any provider or disclosing entity is due at any of the following times: ( i ) Upon the provider or disclosing entity submitting the provider application.
( ii ) Upon the provider or disclosing entity executing the provider agreement.
( iii ) Upon request of the Medicaid agency during the re-validation of enrollment process under § 455.414.
( iv ) Within 35 days after any change in ownership of the disclosing entity.
( 2 ) *Disclosures from fiscal agents.* Disclosures from fiscal agents are due at any of the following times: ( i ) Upon the fiscal agent submitting the proposal in accordance with the State's procurement process.
( ii ) Upon the fiscal agent executing the contract with the State.
( iii ) Upon renewal or extension of the contract.
( iv ) Within 35 days after any change in ownership of the fiscal agent.
( 3 ) *Disclosures from managed care entities.* Disclosures from managed care entities (MCOs, PIHPs, PAHPs, and HIOs), except PCCMs are due at any of the following times: ( i ) Upon the managed care entity submitting the proposal in accordance with the State's procurement process.
( ii ) Upon the managed care entity executing the contract with the State.
( iii ) Upon renewal or extension of the contract.
( iv ) Within 35 days after any change in ownership of the managed care entity.
( 4 ) *Disclosures from PCCMs.* PCCMs will comply with disclosure requirements under paragraph (c)(1) of this section.
( d ) *To whom must the disclosures be provided.* All disclosures must be provided to the Medicaid agency.
( e ) *Nursing facilities.* ( 1 ) In addition to all other applicable reporting requirements in this subpart, a nursing facility (as defined in section 1919(a) of the Act) must disclose upon initial enrollment and revalidation the following information: ( i ) Each member of the governing body of the facility, including the name, title, and period of service for each such member.
( ii ) Each person or entity who is an officer, director, member, partner, trustee, or managing employee (as defined in § 455.101) of the facility, including the name, title, and period of service of each such person or entity.
( iii ) Each person or entity who is an additional disclosable party of the facility (as defined in § 455.101).
( iv ) The organizational structure (as defined in § 455.101) of each additional disclosable party of the facility and a description of the relationship of each such additional disclosable party to the facility and to one another.
( 2 ) The State need not require the facility to disclose the same information described in this paragraph (e) more than once on the same enrollment application submission.
( f ) *Consequences for failure to provide required disclosures.* Federal financial participation (FFP) is not available in payments made to a disclosing entity that fails to disclose ownership or control information as required by this section.
[76 FR 5967, Feb. 2, 2011, as amended at 88 FR 80169, Nov. 17, 2023]