California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 11 - Medi-Cal Specialty Mental Health Services › Subchapter 1 - General Provisions › Article 3 - Administration › Section 1810.323 - Contract Termination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The MHP may
					 terminate its contract with the Department in accordance with the terms of its
					 contract with the Department by delivering written notice of termination to the
					 Department at least 180 calendar days prior to the effective date of
					 termination.
(b) The Department shall
					 immediately terminate its contract with an MHP if the Department finds that there is
					 an immediate and significant threat to the health and safety of Medi-Cal
					 beneficiaries as a result of action or inaction by the MHP.
(c) The Department shall terminate its contract
					 with an MHP that the Secretary, Health and Human Services has determined does not
					 meet the requirements for participation in the Medicaid program as provided in Title
					 XIX of the Social Security Act. The Department shall deliver written notice of
					 termination to the MHP at least 60 calendar days prior to the effective date of
					 termination.
(d) The Department may
					 terminate the MHP contract for noncompliance with the requirements of law or
					 regulations or terms of the contract. The Department shall deliver written notice of
					 termination to the MHP at least 90 calendar days prior to the effective date of
					 termination.
(e) The Department may
					 terminate its contract with an MHP for any reason not specified in Subsections (b),
					 (c), or (d) by delivering written notice of termination to the MHP at least 180
					 calendar days prior to the effective date of termination.
(f) The Department may terminate its contract with
					 an MHP if the Department determines that the contract is no longer in the best
					 interests of the State.
(g) The written
					 notice of termination shall be provided to the MHP and to other persons and
					 organizations as the Department may deem necessary.
(h) The written notice of termination shall
					 include the reason for the termination and the effective date of
					 termination.
(i) In the event that the
					 contract with an MHP is terminated for any cause, the remaining balance of State
					 funds that were transferred to the MHP for specialty mental health services pursuant
					 to Section 1810.330 shall be returned to the
					 Department on a timeline specified by the Department in the notice of termination.
					 The Department has a right to examine all records of an MHP to determine the balance
					 of funds to be returned to the Department.
(j) Prior to the termination of this contact and
					 upon request by the Department, the MHP shall assist the State in the orderly
					 transfer of beneficiaries' mental health care. In doing this, the MHP shall make
					 available to the Department copies of medical records, patient files, and any other
					 pertinent information, including information maintained by any subcontractor,
					 necessary for efficient case management of beneficiaries, as determined by the
					 Department. Costs of reproduction shall be borne by the Department. In no
					 circumstance shall a beneficiary be billed for this service.
1. New section
						filed 5-19-2006; operative 6-18-2006 (Register 2006, No. 20).
2. New
						subsection (j) filed 10-18-2010; operative 11-17-2010 (Register 2010, No.
						43).
Note: Authority cited: Section
						  14680,
						  Welfare and Institutions Code. Reference: Sections
						  5775,
						  5776,
						  5777,
						  5778
						  and
						  5780,
						  Welfare and Institutions Code.