[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR438.356]



[Page 234]

 

                         TITLE 42--PUBLIC HEALTH

 

  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 438_MANAGED CARE--Table of Contents

 

                    Subpart E_External Quality Review

 

Sec.  438.356  State contract options.



    (a) The State--

    (1) Must contract with one EQRO to conduct either EQR alone or EQR 

and other EQR-related activities; and

    (2) May contract with additional EQROs to conduct EQR-related 

activities as set forth in Sec.  438.358.

    (b) Each EQRO must meet the competence requirements as specified in 

Sec.  438.354(b).

    (c) Each EQRO is permitted to use subcontractors. The EQRO is 

accountable for, and must oversee, all subcontractor functions.

    (d) Each EQRO and its subcontractors performing EQR or EQR-related 

activities must meet the requirements for independence, as specified in 

Sec.  438.354(c).

    (e) For each contract, the State must follow an open, competitive 

procurement process that is in accordance with State law and regulations 

and consistent with 45 CFR part 74 as it applies to State procurement of 

Medicaid services.