Section 1810.323 - Contract Termination(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.Cal. Code Regs. Tit. 9, § 1810.323
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.
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).