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Use of subcontracted networks.
(1) The primary contractor with each provider and facility in an issuer's network must be specifically identified in network report filings with the commissioner. An issuer may use subcontracted networks as part of a provider network for a service area, subject to the following requirements:
(a) An issuer must not elect to use less than one hundred percent of the subcontracted network or networks in its service area.
(b) An issuer may use a combination of directly contracting with providers and use of a subcontracted network in the same service area.
(2) Upon request by the commissioner, an issuer must produce an executed copy of its agreement with a subcontracted network, and certify to the commissioner that there is reasonable assurance the providers listed as part of the subcontracted network are under enforceable contracts with the subcontractor. The contract with the subcontracted network's administrator must provide the issuer with the ability to require providers to conform to the requirements in chapter 284-43
WAC, subchapter B.
(3) If an issuer permits a facility or provider to delegate functions, the issuer must require the facility or provider to:
(a) Include the requirements of this subchapter in its contracting documents with the subcontractor, including providing the commissioner with access to any pertinent information related to the contract during the contract term, for up to ten years from the final date of the contract period, and in certain instances, where required by federal or state law, periods in excess of ten years;
(b) Provide the issuer with the right to approve, suspend or terminate any such arrangement.
(4) This section is effective for all plans, whether new or renewed, with effective dates on or after January 1, 2015.
[Statutory Authority: RCW 48.02.060
, 45 C.F.R. §§ 156.230, 156.235, and 156.245. WSR 14-10-017 (Matter No. R 2013-22), § 284-43-203, filed 4/25/14, effective 5/26/14.]