Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENEChapter XIV - Office for People With Developmental DisabilitiesPart 635 - General Quality Control and Administrative Requirements Applicable to Programs, services or Facilities Funded or Certified by the Office for People With Developmental Disabilities
Subpart 635-11 - Enrollment in Medicare Prescription Drug Plans and Fully Integrated Duals Advantage Plans for Individuals with Intellectual and Developmental Disabilities (FIDA-IDD)
Section 635-11.7 - Other responsibilities and rights of CEOs and DDSOO and DDRO directors or designees regarding FIDA-IDD plan enrollment and reviews

N.Y. Comp. Codes R. & Regs. tit. 14 § 635-11.7

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Current through Register Vol. 46, No. 25, June 18, 2024
Section 635-11.7 - Other responsibilities and rights of CEOs and DDSOO and DDRO directors or designees regarding FIDA-IDD plan enrollment and reviews
(a) No CEO or DDRO or DDSOO director or designee shall solicit, accept or receive from a FIDA-IDD plan operator, or an agent of the plan, for personal use or benefit (other than for the personal use or benefit of the person being enrolled), any payment, discount or other remuneration in consideration of, or as a result of, enrolling the person in a FIDA-IDD plan.
(b) No CEO or DDRO or DDSOO director or designee shall charge, accept or receive payment from the person, family or anyone else for enrolling the person in a FIDA-IDD plan, for providing advice and assistance in choosing a FIDA-IDD plan or for acting for the person in the FIDA-IDD review process.
(c) When a CEO or DDRO or DDSOO director or designee is authorized to act by this section or appointed to act in the FIDA-IDD review process for a person, the director or designee may appoint a party outside of the agency to act in the FIDA-IDD review process for the person.
(d) When a CEO or DDRO or DDSOO director or designee enrolls a person in a FIDA-IDD plan or acts in the FIDA-IDD review process for a person he or she shall act based on the best interests of the person.
(e) Nothing in this Subpart shall be deemed to diminish or remove the authority of a physician to request a coverage determination or an expedited redetermination on behalf of a beneficiary.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 635-11.7

Amended New York State Register June 26, 2019/Volume XLI, Issue 26, eff. 6/26/2019