Contracts with fiscal agents.

Contracts with fiscal agents must— (a) Meet the requirements of § 434.6; (b) Include termination procedures that require the contractors to supply promptly all material necessary for continued operation of payment and related systems. This material includes— (1) Computer programs; (2) Data files; (3) User and operation manuals, and other documentation; (4) System and program documentation; and (5) Training programs for Medicaid agency staff, their agents or designated representatives in the operation and maintenance of the system; (c) Offer to the State one or both of the following options, if the fiscal agent or the fiscal agent's subcontractor has a proprietary right to material specified in paragraph (b) of this section: (1) Purchasing the material; or (2) Purchasing the use of the material through leasing or other means; and (d) State that payment to providers will be made in accordance with part 447 of this chapter.