Medicare Advantage Health Plan Module , Version 3.0 MA MRG CN01: REQUIRED CONTRACT PROVISIONS: PRIVACY AND CONFIDENTIALITY
This standard provides:
The MAO’s written contracts with first tier and downstream entities must contain the provisions that contracting providers agree to safeguard beneficiary privacy and confidentiality, consistent with all Federal and State laws, and ensure accuracy of beneficiary medical, health, and enrollment information and records.
The standard is fully implemented by P-NM 10:
The Basics
This standard was written to deal with the situation that might otherwise be considered delegation, as in the case where your organization contracts with a provider group that, in turn, contracts with an individual provider. Rather than subject that relationship to all of the requirements of delegation oversight, the standard simply says that your basic agreement with the provider organization must contain a clause that stipulates that, if the organization should enter into a subcontract with another provider for participation in your provider networks, the relationship between the provider organization and that provider be subject to the terms of the contract between your organization and the provider organization.
Management Tips
This standard is likely to require special attention, as it is relatively new. Your contracts likely do not have this clause unless they were written within the last three years. So, make sure your current contracting policy and procedure contains this requirement. In addition, make sure that it is included in your provider manual (and you'll see why this is important on the next page). Finally, make sure that your current contract templates contain this clause.
URAC Accreditation Tips
This standard is mandatory.
See P-NM 7 for a description of the desktop and on-site review requirements.
