(d) (E) The Administration may deviate from the payment schedule provided
under subsection (e) (D) of this section for any provider:
(1) That is reimbursed through the prospective FEE payment system and
fails to submit properly completed program attendance reports within 15 days of the
beginning of each month; or
(2) That provides services under the medical assistance program and
fails to submit the designated forms used by the medical assistance program to claim
federal fund participation within 30 days after the end of each month.
(e) (F) A deviation from the payment schedule as provided under subsection
(d) (E) of this section may occur only if the Administration has:
(1) Advised the provider that:
(i) An attendance report which has been submitted on time is in
need of correction; or
(ii) A designated medical assistance form which has been submitted
on time is in need of correction;
(2) Allowed the provider at least 5 working days to resubmit or correct
the report or form; and
(3) Not in any way contributed to the delay of or error on a report or
form.
(f) (G) The amount of a reduction of payments to a provider pursuant to
subsections (d) and (e) (E) AND (F) of this section may not exceed the amount of lost
federal revenue attributable to the delay or error.
(g) (H) The Administration:
(1) Shall place sufficient funds in a specially designated account with the
Office of the Comptroller to meet its financial obligations under subsection (e) (D) of
this section;
(2) Shall disburse funds from the account in accordance with the
payment schedule provided in subsection (e) (D) of this section; and
(3) May not use the funds in the account for any other purpose except for
the purpose of reimbursing private providers for the provision of community-based
services to individuals with developmental disability.;
(4) WITHIN 1 YEAR AFTER RECEIPT OF THE REPORT SHALL RECONCILE
A PRIVATE PROVIDER'S YEAR END REPORT AND SHALL PROVIDE WRITTEN
APPROVAL OF A YEAR END REPORT OR A WRITTEN EXPLANATION OF THE ITEMS IN
DISPUTE A PRIVATE PROVIDER'S YEAR-END REPORT, SHALL RECONCILE THE
REPORT AND SHALL PROVIDE THE PROVIDER A WITH WRITTEN APPROVAL OF THE
REPORT OR A WRITTEN EXPLANATION OF ANY ITEMS IN DISPUTE; AND
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