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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMarch 2017

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Delaware Health and Social Services ("Department") / Division of Medicaid and Medical Assistance initiated proceedings to amend the Title XIX Medicaid State Plan regarding Federally Qualified Health Care Centers, specifically, to increase access to Long-Acting Reversible Contraceptives. The Department's proceedings to amend its regulations were initiated pursuant to 29 Delaware Code Section 10114 and its authority as prescribed by 31 Delaware Code Section 512.
The Department published its notice of proposed regulation changes pursuant to 29 Delaware Code Section 10115 in the January 2017 Delaware Register of Regulations, requiring written materials and suggestions from the public concerning the proposed regulations to be produced by January 31, 2017 at which time the Department would receive information, factual evidence and public comment to the said proposed changes to the regulations.
§1902(a)(19) of the Social Security Act, Care and services under a Medicaid state plan be provided in a manner consistent with simplicity of administration and the best interests of beneficiaries
§1927 of the Social Security Act, Payment for Covered Outpatient Drugs
42 CFR §440.210, Required services for the categorically needy; family planning services
42 CFR §441.20, Family Planning Services and Supplies
42 CFR §440.120, Prescribed drugs
42 CFR §447.45, Timely claims payment
In accordance with the federal public notice requirements established at Section 1902(a)(13)(A) of the Social Security Act and 42 CFR 447.205 and the state public notice requirements of Title 29, Chapter 101 of the Delaware Code, Delaware Health and Social Services (DHSS)/Division of Medicaid and Medical Assistance (DMMA) gives public notice and provides an open comment period for thirty (30) days to allow all stakeholders an opportunity to provide input on proposed regulations. Comments were to have been received by 4:30 p.m. on January 31, 2017.
THEREFORE, IT IS ORDERED, that the proposed regulation to amend the Title XIX Medicaid State Plan regarding Federally Qualified Health Care Centers, specifically, to increase access to Long-Acting Reversible Contraceptives, is adopted and shall be final effective March 11, 2017.
The Health Care Financing Administration (HCFA) requires that Federally Qualified Health Centers (FQHCs) be reimbursed in compliance with the Benefits Improvement and Protection Act (BIPA) of 2000. Effective January 1, 2001, Delaware will pay 100% of reasonable cost based on an average of the Fiscal Year 1999 and 2000 audited cost report.
The Delaware Medical Assistance Program (DMAP) requires that a new provider submit a cost report so that a rate based on reasonable costs can be established. Any new FQHC/RHC will be capped at 100% of the highest rate that Medicaid pays to a FQHC for the initial rate year.
X The rate year for FQHC services is July 1 through June 30.
X The payment methodology for FQHCs will conform to section 702 of the BIPA 2000 legislation.
Last Updated: December 31 1969 19:00:00.
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