42 C.F.R. § 438.12

Provider discrimination prohibited

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) General rules. (1) An MCO, PIHP, or PAHP may not discriminate in the participation, reimbursement, or indemnification of any provider who is acting within the scope of his or her license or certification under applicable State law, solely on the basis of that license or certification. If an MCO, PIHP, or PAHP declines to include individual or groups of providers in its provider network, it must give the affected providers written notice of the reason for its decision.

(2) In all contracts with network providers, an MCO, PIHP, or PAHP must comply with the requirements specified in § 438.214.

(b) Construction. Paragraph (a) of this section may not be construed to—

(1) Require the MCO, PIHP, or PAHP to contract with providers beyond the number necessary to meet the needs of its enrollees;

(2) Preclude the MCO, PIHP, or PAHP from using different reimbursement amounts for different specialties or for different practitioners in the same specialty; or

(3) Preclude the MCO, PIHP, or PAHP from establishing measures that are designed to maintain quality of services and control costs and are consistent with its responsibilities to enrollees.

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 2008–2023 · leading case: Commonwealth v. Eiseman, 85 A.3d 1117 (Pa. Commw. Ct. 2014).

Sort: Relevance Newest Treatment

Commonwealth v. Eiseman, 85 A.3d 1117 (Pa. Commw. Ct. 2014). “See 42 C.F.R. § 438.12 (a), (b)(2). Notably, these “middlemen” (i.”

Midwest Emergency Assocs.-Elgin, Ltd. v. Harmony Health Plan of Illinois, Inc., 888 N.E.2d 694 (Ill. App. Ct. 2008). “See 42 C.F.R. §438.12 (b)(2) (2007). In an MCO arrangement, the state and providers are not in privity of contract with each other in connection with reimbursement for services that are provided to an MCO’s enrollees.”

Peer Assocs. LLC v. DHS (Pa. Commw. Ct. 2023). · cites it 2× “12 of the federal Medicaid regulations, 42 C.F.R. § 438.12 (a), provides that “[i]f an MCO .”

Academy of Allergy & Asthma in Primary Care v. Louisiana Health Serv. & Indem. Co. (E.D. La. 2023). “” 42 C.F.R. § 438.12 (a)(1). “If an MCO, PIHP, or PAHP declines to include individual or groups of providers in its provider network, it must give the affected providers written notice of the reason for its decision.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.