Types of Contracts Covered by Access Provisions

150.3 – Types of Contracts Covered by Access Provisions (Rev. 27, 12-19-03) The access regulation applies to contracts concerning the purchase of services such as: y Consultations, management, medical care provided by physician groups or hospital-based physicians (for which Medicare may reimburse providers on a cost basis); y Linen services (rental of linens); y Furnishing of meals (as opposed to the direct purchase of food); y Legal and accounting services; y Provider management and provider management information systems; and y Insurance and leases for buildings and equipment. Subcontracts for public utility services at rates established for uniform applicability to the general public are not subject to the regulation because the rates are already a matter of public record and are not negotiable. Similarly, contracts for workers compensation insurance are not subject to the regulation since the rates are non-negotiable and are also a matter of public record. Contracts concerning construction of buildings (including services of architects, painters, and interior decorators) need not contain the access clause; however, if a provider contracts with an interior decorator, painter, or other individual/company to perform service work on an existing building, the contract must contain the access clause. When a provider contracts to purchase a product that includes a warranty of the product in the price, the contract is not subject to the regulation; however, a separately purchased warranty or service-maintenance contract must contain the subject clause.