[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: 42CFR438.58]



[Page 221]

 

                         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 B_State Responsibilities

 

Sec.  438.58  Conflict of interest safeguards.



    (a) As a condition for contracting with MCOs, PIHPs, or PAHPs, a 

State must have in effect safeguards against conflict of interest on the 

part of State and local officers and employees and agents of the State 

who have responsibilities relating to the MCO, PIHP, or PAHP contracts 

or the default enrollment process specified in Sec.  438.50(f).

    (b) These safeguards must be at least as effective as the safeguards 

specified in section 27 of the Office of Federal Procurement Policy Act 

(41 U.S.C. 423).