§ 438.310 Basis, scope, and applicability.

(a) Statutory basis. This subpart is based on sections 1932(c), 1903(a)(3)(C)(ii), 1902(a)(4), and 1902(a)(19) of the Act. (b) Scope. This subpart sets forth: (1) Specifications for a quality assessment and performance improvement program that States must require each contracting MCO, PIHP, and PAHP to implement and maintain. (2) Requirements for the State review of the accreditation status of all contracting MCOs, PIHPs, and PAHPs. (3) Specifications for a Medicaid managed care quality rating system for all States contracting with MCOs, PIHPs, and PAHPs. (4) Specifications for a Medicaid managed care quality strategy that States contracting with MCOs, PIHPs, PAHPs, and PCCM entities (described in paragraph (c)(2) of this section) must implement to ensure the delivery of quality health care. (5) Requirements for annual external quality reviews of each contracting MCO, PIHP, PAHP including— (i) Criteria that States must use in selecting entities to perform the reviews. (ii) Specifications for the activities related to external quality review. (iii) Circumstances under which external quality review may use the results of Medicare quality reviews or private accreditation reviews. (iv) Requirements for making the results of the reviews publicly available. (c) Applicability. (1) The provisions of this subpart apply to States contracting with MCOs, PIHPs, and PAHPs for the delivery of services covered under Medicaid. (2) The provisions of § 438.330(b)(2) and (3), (c), and (e), and § 438.340 apply to States contracting with PCCM entities whose contracts with the State provide for shared savings, incentive payments or other financial reward for the PCCM entity for improved quality outcomes. (d) Applicability dates. States will not be held out of compliance with the following requirements of this subpart prior to the dates noted below so long as they comply with the corresponding standard(s) in 42 CFR part 438 contained in the 42 CFR parts 430 to 481, edition revised as of July 9, 2024: (1) States must comply with updates to § 438.340(c) no later than 1 year from July 9, 2024. (2) States must comply with updates to §§ 438.358(a)(3), 438.358(b)(1) and 438.364(c)(2)(iii) no later than December 31, 2025. (3) States must comply with § 438.364(a)(2)(iii) no later 1 year from the issuance of the associated protocol.