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  <FDSYS>
    <CFRTITLE>42</CFRTITLE>
    <CFRTITLETEXT>Public Health</CFRTITLETEXT>
    <VOL>4</VOL>
    <DATE>2012-10-01</DATE>
    <ORIGINALDATE>2012-10-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>Contract and payment requirements including certification of payment-related information.</TITLE>
    <GRANULENUM>457.950</GRANULENUM>
    <HEADING>Section 457.950</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 42" SEQ="4">Public Health</PARENT>
      <PARENT HEADING="CHAPTER IV" SEQ="3">CENTERS FOR MEDICARE &amp; MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED)</PARENT>
      <PARENT HEADING="SUBCHAPTER D" SEQ="2">STATE CHILDREN'S HEALTH INSURANCE PROGRAMS (SCHIPs)</PARENT>
      <PARENT HEADING="PART 457" SEQ="1">ALLOTMENTS AND GRANTS TO STATES</PARENT>
      <PARENT HEADING="Subpart I" SEQ="0">Program Integrity</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <SECTNO>§ 457.950</SECTNO>
    <SUBJECT>Contract and payment requirements including certification of payment-related information.</SUBJECT>
    <P>(a) <E T="03">Managed care entity (MCE).</E> A State that makes payments to an MCE under a separate child health program, based on data submitted by the MCE, must ensure that its contract requires the MCE to provide—</P>
    <P>(1) Enrollment information and other information required by the State;</P>
    <P>(2) An attestation to the accuracy, completeness, and truthfulness of claims and payment data, under penalty of perjury;</P>
    <P>(3) Access for the State, CMS, and the HHS Office of the Inspector General to enrollee health claims data and payment data, in conformance with the appropriate privacy protections in the State; and</P>
    <P>(4) A guarantee that the MCE will not avoid costs for services covered in its contract by referring enrollees to publicly supported health care resources.</P>
    <P>(b) <E T="03">Fee-for-service entities.</E> A State that makes payments to fee-for-service entities under a separate child health program must—</P>
    <P>(1) Establish procedures to ensure that the entity certifies and attests that information on claim forms is truthful, accurate, and complete;</P>
    <P>(2) Ensure that fee-for-service entities understand that payment and satisfaction of the claims will be from Federal and State funds, and that any false claims may be prosecuted under applicable Federal or State laws; and</P>
    <P>(3) Require, as a condition of participation, that fee-for-service entities provide the State, CMS and/or the HHS Office of the Inspector General with access to enrollee health claims data, claims payment data and related records.</P>
  </SECTION>
</CFRGRANULE>
