HAR §17-1720.1-29
HAR §17-1720.1-29. Disenrollment
Cite as Haw. Code R. § 17-1720.1-29
An individual may
be disenrolled for reasons that include, but are not
limited to, the following:
(1)
A decision by an administrative appeals
office for disenrollment from a
participating health plan;
(2)
A court order for disenrollment from a
participating health plan;
(3)
Provisions in federal or State statutes or
administrative rules;
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1720.1-13
(4)
A non-returning plan or termination of the
health plan’s contract or the start of a new
contract;
(5)
Mutual agreement by the participating health
plans involved, the individual and the
department;
(6)
Violations by a participating health plan
specified in chapter 17-1735.2;
(7)
Change in foster placement if necessary for
the best interest of the child;
(8)
The individual selects a health plan that is
not capped during the annual plan change
period;
(9)
The individual’s PCP or long-term care
residential facility is not in the health
plan’s provider network and is in the
provider network of a different health plan,
provided the health plan is not at its
maximum enrollment;
(10) The individual is eligible to receive HCBS
or personal assistance services level I and
is enrolled in a health plan with a waiting
list for HCBS or personal assistance
services level I and the other health plan
does not have a waiting list for the
necessary service(s);
(11) The participating health plan’s refusal,
because of moral or religious objections, to
cover the service the individual seeks as
allowed for in the contract with health
plan;
(12) The individual’s need for related services
(e.g., a cesarean section and a tubal
ligation) to be performed at the same time
and not all related services are available
within the network and the individual’s
primary care physician or another provider
determines that receiving the services
separately would subject the individual to
unnecessary risk;
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(13) Lack of direct access to women’s health care
specialists for breast cancer screening, pap
smears and pelvic exams;
(14) Other reasons, including but not limited to,
poor quality of care, lack of access to
covered services, or lack of access to
providers experienced in dealing with the
individual’s health care needs, lack of
direct access to certified nurse midwives,
pediatric nurse practitioners, family nurse
practitioners, if available in the
geographic area in which the individual
resides;
(15) Relocation to a service area where the
health plan in which the individual was
enrolled does not provide services;
(16) The individual missed the annual plan change
period due to a temporary loss of Medicaid
eligibility and was re-enrolled in the
previous health plan;
(17) Voluntary withdrawal from participation in
the medical assistance program by the
individual or a authorized representative;
(18) Not meeting the eligibility requirements;
(19) Death of the enrolled individual;
(20) The enrolled individual is a medically needy
individual who is two full months in arrears
in the payment of the designated enrollment
fee, unless the failure to pay occurs
because:
(A)
The individual is not in control of the
individual’s personal finances, and the
arrearage is caused by the party
responsible for the individual’s
finances, and action is being taken to
remediate the situation, including but
not limited to:
(i) Appointment of a new responsible
party for the individual’s
finances; or
(ii) Recovery of the individual’s funds
from the responsible party which
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will be applied to the
individual’s enrollment fee
obligation.
(B)
The individual is in control of the
individual’s finances, and the
arrearage is due to the unavailability
of the individual’s funds due to
documented theft or financial
exploitation, and action is being taken
to:
(i) Ensure that theft or exploitation
does not continue; or
(ii) Recover the individual’s funds to
pay the individual’s enrollment
fee obligation;
(21) Incarceration of an enrolled individual into
a public facility;
(22) Admission to the State hospital;
(23) Enrollment into the State of Hawaii Organ
and Tissue Transplantation (SHOTT) program;
(24) Relocation out-of-state by the State;
(25) Provision of false information with the
intent of enrolling in the medical
assistance program under false pretenses;
(26) Eligible for Medicare Special Savings
benefits;
(27) Other special circumstances as determined by
the department; or
(28) An individual disenrolled for cause.
[Eff 09/30/13] (Auth: HRS §346-14; 42
C.F.R. §§430.25, 438.56) (Imp: HRS §346-14;
42 C.F.R. §§430.25, 438.56)
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