Montana Code 53-6-708. Waiver
53-6-708. Waiver. The department may seek and obtain any necessary authorization provided under federal law to implement the program, including the waiver of any federal statutes or regulations. The department may not expand eligibility requirements unless authorized by the legislature. The department may seek a waiver of the federal requirement that the combined membership of medicare and medicaid enrollees in a managed health care entity may not exceed 75% of the managed health care entity’s total enrollment. The department may not seek a waiver of the inpatient hospital reimbursement methodology in 42 U.S.C. § 1396a(a)(13) even if the federal agency responsible for administering Title XIX determines that 42 U.S.C. § 1396a(a)(13) applies to managed health care systems.
Terms Used In Montana Code 53-6-708
- Department: means the department of public health and human services. See Montana Code 53-6-702
- entity: means a health maintenance organization or an insurer regulated under Title 33 that:
(i)contracts for an estimated annual value of $1 million or more of state and federal medicaid funds; or
(ii)operates statewide or covers 20% or more of the medicaid population. See Montana Code 53-6-702
- Program: means an element of the integrated health care system created by this part. See Montana Code 53-6-702