Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 02, 2025 | Updated by Findlaw Staff
(a) Contracts. All contracts under this part must include all of the following:
(1) Include provisions that define a sound and complete procurement contract, as required by 45 CFR part 75.
(2) Identify the population covered by the contract.
(3) Specify any procedures for enrollment or reenrollment of the covered population.
(4) Specify the amount, duration, and scope of medical services to be provided or paid for.
(5) Provide that the agency and HHS may evaluate through inspection or other means, the quality, appropriateness and timeliness of services performed under the contract.
(6) Specify procedures and criteria for terminating the contract, including a requirement that the contractor promptly supply all information necessary for the reimbursement of any outstanding Medicaid claims.
(7) Provide that the contractor maintains an appropriate record system for services to enrolled beneficiaries.
(8) Provide that the contractor safeguards information about beneficiaries as required by part 431, subpart F of this chapter.
(9) Specify any activities to be performed by the contractor that are related to third party liability requirements in part 433, subpart D of this chapter.
(10) Specify which functions may be subcontracted.
(11) Provide that any subcontracts meet the requirements of paragraph (b) of this section.
(12) Specify the following:
(i) No payment will be made by the contractor to a provider for provider-preventable conditions, as identified in the State plan.
(ii) The contractor will require that all providers agree to comply with the reporting requirements in § 447.26(d) of this subchapter as a condition of payment from the contractor.
(iii) The contractor will comply with such reporting requirements to the extent the contractor directly furnishes services.
(b) Subcontracts. All subcontracts must be in writing and fulfill the requirements of this part that are appropriate to the service or activity delegated under the subcontract.
(c) Continued responsibility of contractor. No subcontract terminates the legal responsibility of the contractor to the agency to assure that all activities under the contract are carried out.
Cite this article: FindLaw.com - Code of Federal Regulations Title 42. Public Health § 42.434.6 General requirements for all contracts and subcontracts - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-42-public-health/cfr-sect-42-434-6/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)