General Requirements

110.1 - General Requirements (Rev. 79, Issued 02-17-06, Effective Date 02-17-06) The MA organization agrees to take ultimate responsibility for all services provided and terms of the contract and otherwise fulfilling all terms and conditions of its contract with CMS regardless of any relationships that the organization may have with entities, contractors, subcontractors, first-tier or downstream entities. The MA organization agrees to require all related entities, contractors, or subcontractors, first-tier and downstream entities to agree that: • DHHS, the Comptroller General, or their designees have the right to inspect, evaluate, and audit any pertinent contracts, books, documents, papers, and records of the related entity(s), contractor(s), or subcontractor(s), first-tier and downstream entities involving transactions related to the MA contract as specified above under §110.4.4 of this chapter; • DHHS', the Comptroller General's, or their designee's right to inspect, evaluate, and audit any pertinent information for any particular contract period will exist through 10 years from the final date of the contract period or from the date of completion of any audit, whichever is later; and • All contracts or written arrangements between MA organizations and providers, related entities, contractors, subcontractors, first tier and downstream entities must contain the contract language requirements described in §100 of this chapter. NOTE: All MA organizations offering a Part D prescription drug benefit must also comply with requirements of Part 423 (the requirements for the Part D prescription drug benefit) concerning a comprehensive fraud and abuse plan. This requirement applies only to the Part D benefit offered by the MA organization. See 42 CFR 423.504(b)(4)(vi)(H) for Part D fraud, waste, and abuse requirements.